Case Summary
The plaintiffs Chacko, Lusy, Kelve Mary Kadakampally, and Ninav are seeking a permanent prohibitory injunction against the defendant Mathew Dominic. The case involves disputes over pathways and property rights related to a public road adjacent to the plaint schedule property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants are restrained by a decree of permanent prohibitory injunction from trespassing on plaint schedule property, taking vehicles through the property, constructing new road therein, obstructing the plaintiff from carrying out rubber replantation and committing any wastes in the property.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiffs, granting a permanent prohibitory injunction against the defendant regarding the regulations on the plaint schedule property.
Why Plaintiff Won:
The plaintiffs could prove their case through oral and documentary evidence.
The plaintiffs could prove their case through oral and documentary evidence.
Losing Side's Weaknesses:
The plaintiffs could prove their case through oral and documentary evidence.
The plaintiffs could prove their case through oral and documentary evidence.
Supporting Evidence
Defendant could not rebut the evidence adduced by PW1. He could not prove his right of the way by way of easement by prescription.
Judgment Evidence:
In the result, the suit is decreed as follows. 1 Defendants are restrained by a decree of permanent prohibitory injunction from trespassing on plaint schedule property, taking vehicles through the property, constructing new road therein, obstructing the plaintiff from carrying out rubber replantation and committing any wastes in the property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Chacko
- Party Age
- 74
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Lusy
- Party Age
- 69
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Kelve Mary Kadakampally
- Party Age
- 43
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Ninav
- Party Age
- 14
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Mathew Dominic
- Party Age
- 52
- Relation
- S/o
Plaintiffs Documents
Certified copy of partition deed No. 1707/2000, Land Tax No. KL05021100793/2021, Certified copy of Will deed executed by N.J. Chacko and Lucy Chacko, Death Certificate of N.J. Chacko, Agreement for tapping the Rubber Trees Executed in between N.J. Chacko and Mathew Varghese, Copy of Resurvey plan field No. 164, Block No. 20.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- George Kurian
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Darly M. Sebastian
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Defendants are restrained from trespassing on plaint schedule property and constructing new roads.
Evidence:
In the result, the suit is decreed as follows. Defendants are restrained by a decree of permanent prohibitory injunction from trespassing on plaint schedule property, taking vehicles through the property, constructing new road therein.
Relief Type:
Costs
Outcome:
Granted
Description:
Plaintiff is entitled to get the cost of the suit from the defendant.
Evidence:
Plaintiff is entitled to get the cost of the suit from the defendant and his assets.
Documents & Evidence
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
Proves the title holder's possession of the plaint schedule property.
Reference:
Ext.A1
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Confirms tax payment related to the plaint schedule property.
Reference:
Ext.A2
Document Type:
Will Deed
Submitted By:
Plaintiff
Relevance:
Establishes the legal will regarding the properties including the plaint schedule property.
Reference:
Ext.A3
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
Indicates the death of the first plaintiff impacting the title of the plaint schedule property.
Reference:
Ext.A4
Document Type:
Agreement
Submitted By:
Plaintiff
Relevance:
Documenting an agreement for tapping rubber trees in the plaint schedule property.
Reference:
Ext.A5
Document Type:
Resurvey Plan
Submitted By:
Plaintiff
Relevance:
Illustrates the physical layout of the property relevant to the dispute.
Reference:
Ext.A6
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Confirming the presence of a newly formed pathway contested by the defendant.
Reference:
Ext.C1
Document Type:
Commission sketch
Submitted By:
Court
Relevance:
Visual representation accompanying the commission report.
Reference:
Ext.C1(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
2022