Case Summary
The petitioner, Goutham Krishna, seeks a temporary injunction to prevent the defendants from obstructing access to a pathway serving their property. The defendants contest these claims, asserting their rights to the same pathway.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendants are restrained from causing any obstruction to the use and enjoyment of the plaint B schedule pathway.
Case Type
Civil Suit
Final Judgment
No
The court allowed the injunction application filed by the plaintiff, restraining the defendants from causing any obstruction to the use of the B schedule pathway.
Why Plaintiff Won:
The plaintiff established a prima facie case regarding the right of way over the B schedule pathway.
The plaintiff established a prima facie case regarding the right of way over the B schedule pathway.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The existence of the B schedule way and the rights of both the plaintiff and the defendants over it are admitted by the parties. Ext.A1 shows that the plaintiff purchased A schedule property, including a right of way over the B schedule pathway.
Judgment Evidence:
In the result, IA allowed as follows; The defendants are restrained from causing any obstruction to the use and enjoyment of the plaint B schedule pathway, and from committing any acts of waste therein until the final disposal of the suit.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Goutham Krishna
- Party Age
- 28
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Krishnakumar.V
- Party Age
- 57
- Relation
- Father
- Party Role
- Defendant
- Party Name
- Santhosh Kumar
- Party Age
- 57
- Party Role
- Defendant
- Party Name
- Roja
- Party Age
- 50
- Relation
- W/o
Plaintiffs Documents
Copy of Sale Deed No. 1955/I/2021, Tax Receipt of Sakthikulangara Village Office, Petition submitted before Sub Inspector of Police, Kollam.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Ajith A.Khader
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- G.Gopakumar
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Injunction
Outcome:
Granted
Description:
Restraining the defendants from causing obstruction to the use and enjoyment of the B schedule pathway.
Evidence:
The defendants are restrained from causing any obstruction to the use and enjoyment of the plaint B schedule pathway, and from committing any acts of waste therein until the final disposal of the suit.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Shows that the plaintiff purchased A schedule property, including a right of way over the B schedule pathway.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Supports the plaintiff's claim regarding property taxes.
Reference:
Ext.A2
Document Type:
Letter
Submitted By:
Plaintiff
Relevance:
Relevant communication related to the case.
Reference:
Ext.A3
Document Type:
Petition
Submitted By:
Plaintiff
Relevance:
Petition submitted before Sub Inspector of Police regarding the matter.
Reference:
Ext.A4
Document Type:
Caveat
Submitted By:
Plaintiff
Relevance:
Indicates prior legal actions regarding the property.
Reference:
Ext.A5
Document Type:
Report
Submitted By:
Plaintiff
Relevance:
Report by Kollam Municipal Corporation related to the case.
Reference:
Ext.A6
Document Type:
Receipt
Submitted By:
Plaintiff
Relevance:
Record of transaction relevant to the property.
Reference:
Ext.A7
Document Type:
Application
Submitted By:
Plaintiff
Relevance:
Gmail application indicating communication regarding the matter.
Reference:
Ext.A8
Document Type:
Petition
Submitted By:
Defendant
Relevance:
Petition submitted before the Secretary, Kollam Corporation, related to property issues.
Reference:
B1
Document Type:
Application
Submitted By:
Defendant
Relevance:
Application submitted before the Village Officer regarding the matter.
Reference:
B2
Document Type:
Petition
Submitted By:
Defendant
Relevance:
Petition submitted before the Chief Minister regarding the dispute.
Reference:
B3
Document Type:
Reply
Submitted By:
Defendant
Relevance:
Reply from Chief Minister, Government of Kerala addressing the issues raised.
Reference:
B4
Document Type:
Notice
Submitted By:
Defendant
Relevance:
Notice issued by Kollam Corporation regarding the property.
Reference:
B5
Document Type:
Reply
Submitted By:
Defendant
Relevance:
Response from Sub Collector, Kollam related to property disputes.
Reference:
B6
Document Type:
Petition
Submitted By:
Defendant
Relevance:
Petition submitted before the City Police Commissioner regarding the matter.
Reference:
B7
Document Type:
Notice
Submitted By:
Defendant
Relevance:
Notice from Kollam Corporation regarding the property.
Reference:
B8
Document Type:
Petition
Submitted By:
Defendant
Relevance:
Petition submitted before Health Officer, Kollam Corporation related to the situation.
Reference:
B9
Document Type:
Report
Submitted By:
Court
Relevance:
Commissioner’s report marking observations on the properties involved.
Reference:
Ext.C1
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Case Code
OS.
Case Code Year
2025