Case Summary
This case involves plaintiffs Dr.Ranjit Abraham and Mary Ranjit Abraham seeking a mandatory injunction against defendants Chacko Paulose and others for obstruction to their access through a way necessary for enjoyment of their property. The plaintiffs allege that the defendants have unlawfully obstructed their access and damaged their property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants are restrained from causing any sort of obstruction to the plaintiffs and the persons claiming under them in using the plaint B schedule way and are directed to remove the gate erected at the entrance of the plaint B schedule way.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The plaintiffs' case was proven through affidavits and documents presented in court.
The plaintiffs' case was proven through affidavits and documents presented in court.
Judgment Evidence:
In the result, defendants are restrained from causing any sort of obstruction to the plaintiffs and the persons claiming under them in using the plaint B schedule way for the convenient enjoyment of the plaint A schedule property.
Parties Involved
Plaintiffs
Dr.Ranjit Abraham (54 years)
Azhikakathu house, Choorakkadu, Thekkumbhagaom, Tripunithura, Pin code – 682 301
Mary Ranjit Abraham (48 years)
Azhikakathu, Anil Choorakkadu, Thekkumbagam, Tripunithura, Pin code – 682 301
Defendants
Chacko Paulose (70 years)
Molumparambathu house, Kandanad P.O, Thiruvamkulam (Via), Ernakulam Pin code – 682 305
Monai (50 years)
Molumparambathu house, Kandanad P.O, Thiruvamkulam (Via), Ernakulam Pin code – 682 305
Shibu (47 years)
Molumparambathu house, Kandanad P.O, Thiruvamkulam (Via), Ernakulam Pin code – 682 305
Roy (45 years)
Molumparambathu house, Kandanad P.O, Thiruvamkulam (Via), Ernakulam Pin code – 682 305
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
Defendants are restrained from causing any sort of obstruction to the plaintiffs and the persons claiming under them in using the plaint B schedule way.
Evidence:
Defendants are restrained from causing any sort of obstruction to the plaintiffs and the persons claiming under them in using the plaint B schedule way for the convenient enjoyment of the plaint A schedule property.
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
Defendants are directed to remove the gate erected at the entrance of the plaint B schedule way.
Evidence:
Defendants are directed to remove the gate erected at the entrance of the plaint B schedule way, the fencing in the entry of plaint A schedule property and also directed to remove the unloaded granite stones in the entry to the plaint A schedule propriety.
Relief Type:
Cost Recovery
Outcome:
Granted
Description:
Plaintiffs are entitled to realize their costs from the defendants.
Evidence:
Plaintiffs are entitled to realize their costs from the defendants.
Documents & Evidence
Document Type:
Certified copy of the Sale deed
Submitted By:
Plaintiff
Relevance:
Proves plaintiffs' ownership of the property
Reference:
Ext.A1
Document Type:
Certified copy of the Sale deed
Submitted By:
Plaintiff
Relevance:
Supports plaintiffs' claim regarding property transactions
Reference:
Ext.A2
Document Type:
Original tax receipt
Submitted By:
Plaintiff
Relevance:
Demonstrates plaintiffs' payment of property taxes
Reference:
Ext.A3
Document Type:
Original tax receipt
Submitted By:
Plaintiff
Relevance:
Further supports proof of tax payments
Reference:
Ext.A3(a)
Document Type:
Certified copy of the Sale deed
Submitted By:
Plaintiff
Relevance:
Additional evidence of property ownership
Reference:
Ext.A4
Document Type:
Certified copy of the Sale deed
Submitted By:
Plaintiff
Relevance:
Establishes continuity of ownership
Reference:
Ext.A5
Document Type:
Certified copy of the Sale deed
Submitted By:
Plaintiff
Relevance:
Further substantiates plaintiffs' claims
Reference:
Ext.A6
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Provided findings regarding the property and the dispute
Reference:
Ext.C1
Document Type:
Rough Sketch
Submitted By:
Court
Relevance:
Visual representation relevant to the property layout
Reference:
Ext.C1(a)
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Additional findings regarding the property and the dispute
Reference:
Ext.C2
Document Type:
Rough Sketch
Submitted By:
Court
Relevance:
Supplemental visual evidence related to the case
Reference:
Ext.C2(a)