Case Summary
Binni Mathew filed a suit against Alyamma Mathew and others for a permanent prohibitory injunction claiming her right of use over a pathway. The case involves property disputes concerning access rights to the plaintiff's property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
A decree of permanent prohibitory injunction restraining defendants from trespassing and committing waste on the plaint schedule property.
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiff, granting a permanent prohibitory injunction against the defendants regarding the disputed properties.
Why Plaintiff Won:
The plaintiff proved her right of use of the pathway based on the sale deed and lack of evidence from the defendants.
The plaintiff proved her right of use of the pathway based on the sale deed and lack of evidence from the defendants.
Losing Side's Weaknesses:
The plaintiff proved her right of use of the pathway based on the sale deed and lack of evidence from the defendants.
The plaintiff proved her right of use of the pathway based on the sale deed and lack of evidence from the defendants.
Supporting Evidence
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. 329/2018, Land Tax Receipt No. KL05020866032/2024, Possession Certificate No. 90982965.
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:
A decree of permanent prohibitory injunction is passed restraining defendants from trespassing on the property.
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.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff is entitled to get the cost of the suit from 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 the sale deed No. 329/2018 shows plaintiff's ownership of the property.
Reference:
Ext.A1
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of the sale deed No. 2045/2015 establishes the chain of ownership.
Reference:
Ext.A2
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of the sale deed No. 2046/2015 supports plaintiff's claim of ownership.
Reference:
Ext.A3
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of the sale deed No. 472/2011 provides historical title support.
Reference:
Ext.A4
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Land tax receipt corresponds to the property owned by the plaintiff.
Reference:
Ext.A5
Document Type:
Possession Certificate
Submitted By:
Plaintiff
Relevance:
Possession certificate issued by village office confirms plaintiff's possession of the property.
Reference:
Ext.A6
Document Type:
Commissioner's Report
Submitted By:
Court
Relevance:
Report prepared by the commissioner provides details about the road in question.
Reference:
Ext.C2
Document Type:
Plan
Submitted By:
Court
Relevance:
Plan attached to the commission report illustrates the layout and access to the property.
Reference:
Ext.C2(a)
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Kanjirappally
Common Reasons
Case Code
O.S
Case Code Year
2019