Case Summary
Dr. Sudeep Thomas is seeking a mandatory injunction against Hoysala E Home Association and its members due to their violation of previous court orders that obstruct his access to a road he claims rights over. The court is considering the placement of pots and a swing arm barrier that are blocking his entry.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Mandatory injunction to remove obstructions
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The petitioner established a strong prima facie case for the injunction.
The petitioner established a strong prima facie case for the injunction.
Judgment Evidence:
The petitions are allowed. The respondents are directed to remove the pots and plants laid on the eastern side of plaint schedule road and also to remove the swing arm barrier erected in the plaint schedule road within 30 days in the absence of which the petitioner can execute the same with the assistance of this court at the cost of the respondents.
Parties Involved
Plaintiffs
Dr.Sudeep Thomas (52 years years)
Thekkethil house, Kuriyannur P.O, Pathanamthitta – 689 550
Jiji Mathew (41 years years)
# 299, Chandranagar Extn.Colony, Chandranagar, Palakkad – 678 007
Defendants
Hoysala E Home Association (Age not specified years)
Hoysala E Home, Near Kusumagiri Hospital, Info Park road, Kusumagiri, Ernakulam – 682 030
The President, Hoysala E Home Association (Age not specified years)
Hoysala E Home, Near Kusumagiri Hospital, Info Park road, Kusumagiri, Ernakulam – 682 030
The Secretary, Hoysala E Home Association (Age not specified years)
Hoysala E Home, Near Kusumagiri Hospital, Info Park road, Kusumagiri, Ernakulam – 682 030
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
Directed the respondents to remove the pots and plants laid on the eastern side of the plaint schedule road.
Evidence:
Thus, the points are in favour of the petitioner. The petitions are allowed.
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
Directed the respondents to remove the swing arm barrier erected on the southern side of the plaint schedule road.
Evidence:
The petitions are allowed.
Documents & Evidence
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
Provided authority to represent the petitioner.
Reference:
Ext.A1
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Established ownership and rights over the property.
Reference:
Ext.A2
Document Type:
Photographs
Submitted By:
Plaintiff
Relevance:
Evidence of obstruction on the road caused by the respondents.
Reference:
Ext.A3
Document Type:
Photographs
Submitted By:
Defendant
Relevance:
Evidence provided by the defendants to support their claims.
Reference:
Ext.B1
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Provided findings of the advocate commissioner regarding the state of the property.
Reference:
Ext.C1