Case Summary
Binni Mathew has filed a suit for a permanent prohibitory injunction against Alyamma Mathew and others regarding the access and use of certain pathways related to her property. The plaintiff contends that her right to use the roads connecting to her property is being obstructed by the defendants.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction restraining defendants from trespassing and obstructing the use of pathways.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff, granting her a permanent prohibitory injunction against the defendants from trespassing on her property. The defendants are also restrained from obstructing the plaintiff's right of use of the associated pathway.
Why Plaintiff Won:
The plaintiff successfully established her right to use the pathways as per the documented evidence.
The plaintiff successfully established her right to use the pathways as per the documented evidence.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
It can be safely concluded that the plaintiff has the right of use of plaint schedule item No.2 pathway and defendants have no right to obstruct it.
Judgment Evidence:
In the result, the suit is decreed as follows: 1A decree of permanent prohibitory injunction is passed restraining defendants 1 to 3 from trespassing on the plaint schedule item No.1 property, altering the boundaries of plaint schedule item No.1 property and committing waste therein.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Binni Mathew
- Party Age
- 35
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Bijoy Sebastian
- Party Age
- 41
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Alyamma Mathew
- Party Age
- 78
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Shaji
- Party Age
- 50
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Ani Shaji
- Party Age
- 40
- Relation
- W/o
Plaintiffs Documents
Certified copy of sale deed No. 329/1/2018, Land Tax Receipt, Possession Certificate.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- T.A. Vijayan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- K.A. Georege
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Plaintiff sought a permanent prohibitory injunction against the defendants.
Evidence:
In the result, the suit is decreed as follows: A decree of permanent prohibitory injunction is passed restraining defendants 1 to 3 from trespassing on the plaint schedule item No.1 property.
Relief Type:
Cost of the suit
Outcome:
Granted
Description:
Plaintiff is entitled to get the cost of the suit from the defendants.
Evidence:
Plaintiff is entitled to get the cost of the suit from defendants and their assets.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of sale deed showing the plaintiff's ownership of the property.
Reference:
Ext.A1
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of sale deed showing the previous ownership of the property.
Reference:
Ext.A2
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of sale deed establishing continuity of ownership.
Reference:
Ext.A3
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of sale deed evidencing prior transactions related to the property.
Reference:
Ext.A4
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Land Tax Receipt linked to the ownership of the property.
Reference:
Ext.A5
Document Type:
Possession Certificate
Submitted By:
Plaintiff
Relevance:
Possession certificate confirming the plaintiff's possession of the property.
Reference:
Ext.A6
Document Type:
Mahazar
Submitted By:
Court
Relevance:
Commissioner's report related to the property.
Reference:
Ext.C1
Document Type:
Sketch
Submitted By:
Court
Relevance:
Sketch prepared by the Commissioner pertaining to the property.
Reference:
Ext.C1(a)
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commissioner's report providing details about the property.
Reference:
Ext.C2
Document Type:
Plan
Submitted By:
Court
Relevance:
Plan attached with the commission report outlining property details.
Reference:
Ext.C2(a)
Case Classification
Case Type
Civil Suit
Category
Injunction and Access Rights
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Kanjirappally
Common Reasons
Case Code
O.S
Case Code Year
2019