Case Summary
Dr. Saju Joseph is the plaintiff who has ownership and possession over the property in question. The defendants are accused of constructing an illegal shed obstructing access to the property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction and costs of the suit
Case Type
Injunction
Final Judgment
No
Why Plaintiff Won:
The evidence presented by the plaintiff was found credible and proved the case.
The evidence presented by the plaintiff was found credible and proved the case.
Judgment Evidence:
The defendants are restrained by way of permanent prohibitory injunction from putting up any construction in the road frontage portion of the plaint schedule property in manner that interferes with the ingress and egress into the plaint schedule property.
Parties Involved
Plaintiffs
Dr. Saju Joseph (63 years)
Thekkumpurath, Chelad P.O, Kothamangalam Taluk, 686 681.
Defendants
Ramlu Alias Ramla (45 years)
Pulikuzhi House, Thrikkakara Desom, Kananayanoor Taluk, Ernakulam 682 021.
Nadirsha (48 years)
Seethi Pulikuzhi House, Thrikkakara Desom, Kananayanoor Taluk, Ernakulam 682 021.
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
The defendants are restrained from putting up any construction in the road frontage portion of the plaint schedule property.
Evidence:
The defendants are restrained by way of permanent prohibitory injunction from putting up any construction in the road frontage portion of the plaint schedule property in manner that interferes with the ingress and egress into the plaint schedule property.
Relief Type:
Costs
Outcome:
Granted
Description:
The plaintiff is entitled to the costs of the suit from the defendants.
Evidence:
In the facts and circumstances of the case, the plaintiff is entitled to the costs of the suit from the defendants.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Copy of Sale Deed bearing No. 2644/2005 submitted as evidence.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Tax receipt issued by Vazhakkala Village submitted as evidence.
Reference:
Ext.A2
Document Type:
Site Approval and Building Permit
Submitted By:
Plaintiff
Relevance:
Copy of Site approval and building permit issued by Thrikkakara Municipality submitted as evidence.
Reference:
Ext.A3
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
Notarized copy of Power of Attorney submitted as evidence.
Reference:
Ext.A4