Case Summary
The case involves a dispute between two siblings over the access to a pathway. The petitioner seeks a temporary injunction to prevent the respondent from obstructing access to this pathway used for ingress and egress.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Prohibitory injunction preventing respondent from causing obstruction to access through C schedule pathway
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The petitioner established a prima facie case indicating irreparable injury if obstruction occurs.
The petitioner established a prima facie case indicating irreparable injury if obstruction occurs.
Judgment Evidence:
In the result, Petition is allowed. Respondents are restraining by a prohibitory injunction from causing obstruction to vehicular or any other access through C schedule pathway to A schedule property.
Parties Involved
Plaintiffs
Girivasan P S (61 years years)
Palaparambil House, Kumbalam Village, Kanayannur Taluk, Panangad P O, Pin-682506
Defendants
Rajeshwari P S (about 58 years years)
Unnichaan Parambil House, Pachalam Kara, Ernakulam Village, Pin-682506
Reliefs
Relief Type:
Temporary Injunction
Outcome:
Granted
Description:
Restraining the defendant from obstructing access to C schedule pathway.
Evidence:
Petition is allowed. Respondents are restraining by a prohibitory injunction from causing obstruction to vehicular or any other access through C schedule pathway to A schedule property.
Documents & Evidence
Document Type:
Deed of Will
Submitted By:
Plaintiff
Relevance:
Establishes ownership of plaint A schedule property.
Reference:
Ext.A1
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Establishes ownership of plaint B schedule property.
Reference:
Ext.A2
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Supports owner's possession of plaint A schedule property.
Reference:
Ext.A3
Document Type:
Sale deed
Submitted By:
Defendant
Relevance:
Establishes ownership of 3 cents of property assigned to defendant.
Reference:
Ext.B1
Document Type:
Will
Submitted By:
Defendant
Relevance:
Details the father's intentions regarding property assignments.
Reference:
Ext.B2
Document Type:
FIR
Submitted By:
Defendant
Relevance:
Documents a police complaint related to obstruction.
Reference:
Ext.B3
Document Type:
Official memorandum
Submitted By:
Defendant
Relevance:
Related to court proceedings.
Reference:
Ext.B4
Document Type:
Photograph
Submitted By:
Defendant
Relevance:
Supports the defendant's claims regarding the property.
Reference:
Ext.B5
Document Type:
Court Order
Submitted By:
Defendant
Relevance:
Relates to prior court decisions affecting the case.
Reference:
Ext.B6
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Provides a report supporting the existence and necessity of the C schedule pathway.
Reference:
Ext.C1