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O.S.No. 374/2017

Case between Devassy Felix @ Felix vs John et al regarding injunction

Court
II Additional Munsiff Court, Ernakulam
Judge
Smt. Needi.K. Dinamany
Order Date
2024-08-14
Duration
approximately-7 years 5 months
Case Code No.
374
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

The plaintiff, Devassy Felix, is seeking an injunction against the defendants, John and Cleetus, for obstructing his access to his property. The case involves allegations of illegal construction and improper use of a shared pathway.

Judgment Outcome

Plaintiff Won
Interim Order
The court found in favor of the plaintiff, granting an injunction against the defendants to restrain them from obstructing the plaintiff's access to the shared pathway.
Judgment Favored
Plaintiff
Relief Granted
Defendants, their men and agents are restrained from interfering with the peaceful possession and enjoyment of plaint B schedule property by plaintiff.
Case Type
Civil Suit
Final Judgment
No
The court found in favor of the plaintiff, granting an injunction against the defendants to restrain them from obstructing the plaintiff's access to the shared pathway.
Why Plaintiff Won:
The plaintiff proved that defendants obstructed his right of way, causing difficulties in accessing his property.
Losing Side's Weaknesses:
The plaintiff proved that defendants obstructed his right of way, causing difficulties in accessing his property.
Supporting Evidence
The evidence clearly showed that the plaintiff has been given right to passage through plaint B schedule pathway and the defendants' actions were obstructing this right.

Judgment Evidence:

In the result, suit is decreed partly on the following terms: Defendants, their men and agents are restrained from interfering with the peaceful possession and enjoyment of plaint B schedule property by plaintiff and also from parking vehicles obstructing the right of way of plaintiff over plaint B schedule property.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Devassy Felix @ Felix
Party Age
64
Relation
S/o
Party Role
Defendant
Party Name
John
Party Age
57
Relation
S/o
Party Role
Defendant
Party Name
Cleetus.T.X
Party Age
60
Relation
S/o
Plaintiffs Documents
Release deed No.4356/2010, Land tax receipt no.KL07022102466/2020, Notice bearing no:ISO/MOP3/3043/2017, Certified copy of the FIR in Crime No. 593/2017.
Defendants Documents
Sale deed no. 217/2004, Release deed no. 3380/2006, Certified copy of Sale deed no. 4064/2010.

Advocates

Party Role
Plaintiff
Advocate Name
Sadik Ismayil
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Sreejith.S.Kumar
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
Joy Thomas
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Varghese.J.Punnachalil
Appearance Type
Assisting Counsel

Reliefs

Relief Type: Permanent Injunction
Outcome: Granted
Description:
Restraining the defendants from interfering with the plaintiff's rights over the plaint B schedule property.
Evidence:
Defendants, their men and agents are restrained from interfering with the peaceful possession and enjoyment of plaint B schedule property by plaintiff and also from parking vehicles obstructing the right of way of plaintiff over plaint B schedule property.
Relief Type: Mandatory Injunction
Outcome: Refused
Description:
Request to remove illegal constructions carried out by the defendants.
Evidence:
The plaintiff has failed to prove that he is entitled to a decree of mandatory injunction as prayed for.
Relief Type: Counter Claim
Outcome: Rejected
Description:
Defendants' counter claim was dismissed.
Evidence:
Counter claim is dismissed.

Documents & Evidence

Document Type: Release deed
Submitted By: Plaintiff
Relevance:
Establishes the plaintiff's ownership and rights over the plaint A schedule property.
Reference:
Ext.A1
Document Type: Land Tax Receipt
Submitted By: Plaintiff
Relevance:
Proves the plaintiff's payment of land tax for the property.
Reference:
Ext.A2
Document Type: Notice
Submitted By: Plaintiff
Relevance:
Indicates a formal complaint to municipal authorities regarding the defendants' actions.
Reference:
Ext.A3
Document Type: FIR
Submitted By: Plaintiff
Relevance:
Records the plaintiff's police complaint regarding the defendants’ actions.
Reference:
Ext.A4
Document Type: Photographs
Submitted By: Plaintiff
Relevance:
Visual evidence of the obstruction caused by defendants in the plaint B schedule property.
Reference:
Ext.A5
Document Type: Application
Submitted By: Plaintiff
Relevance:
Request to set aside a prior order from Cochin Corporation.
Reference:
Ext.A7
Document Type: Sale deed
Submitted By: Defendant
Relevance:
Proves the defendant's ownership over the defendant's property.
Reference:
Ext.B1
Document Type: Release deed
Submitted By: Defendant
Relevance:
Supports the defendants' claim regarding ownership and rights to the properties.
Reference:
Ext.B3
Document Type: Occupancy Certificate
Submitted By: Defendant
Relevance:
Indicates that the defendants' property had completed parking space.
Reference:
Ext.B8
Document Type: Commission Report
Submitted By: Court
Relevance:
Provided evidence regarding the conditions of the properties involved.
Reference:
Ext.C1

Case Classification

Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
O.S.NO.
Case Code Year
2017

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Sun, 03/05/2017 - 12:00
Case Closed
From
Thu, 08/01/2024 - 12:00
To
Sat, 08/31/2024 - 12:00
Outcome Confidence
90%

Involved Entities

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