Case Summary
Hemalatha C.S is the plaintiff claiming that Sreejith T.S is obstructing a road that provides access to her property, leading to potential water logging and contamination. The plaintiff seeks a permanent prohibitory injunction to stop these actions.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction restraining the defendant from causing obstruction or hindrance to the plaint 'B' Schedule road.
Case Type
Civil Suit
Final Judgment
No
The court found in favor of the plaintiff, granting a permanent prohibitory injunction against the defendant to prevent obstruction of the access road. The court acknowledged the evidence supporting the plaintiff's claims regarding the potential for water logging and contamination.
Why Plaintiff Won:
The evidence clearly demonstrated that the defendant's actions would obstruct natural water flow and potentially contaminate the plaintiff's property.
The evidence clearly demonstrated that the defendant's actions would obstruct natural water flow and potentially contaminate the plaintiff's property.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
From the uncontested evidence of PW1, it is discernible that the defendant is trying to increase the height of the road in plaint B schedule by using soil, building waste etc and is causing obstructions therein.
Judgment Evidence:
In the result, the suit is decreed as follows: I.A decree of permanent prohibitory injunction is hereby passed restraining the defendant and persons claiming under him from causing obstruction or hindrance to the plaint 'B' Schedule road by increasing the height of the road by using soil, building waste or dumping of any other materials.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Hemalatha C.S
- Party Age
- 55
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Sreejith T.S
- Party Age
- 43
- Relation
- S/o
Plaintiffs Documents
Copy of Sale Deed No. 2561/1993 (Subject to Proof), Land Tax Receipt issued by Elamkulam Village Office, Copy of RTI Application, Reply to RTI Application
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sushanth J
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Giji Pappachan
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- S. Renjith
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
A decree of permanent prohibitory injunction is hereby passed restraining the defendant from causing obstruction to the plaint 'B' Schedule road.
Evidence:
I.A decree of permanent prohibitory injunction is hereby passed restraining the defendant and persons claiming under him from causing obstruction or hindrance to the plaint 'B' Schedule road by increasing the height of the road...
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Marked subject to proof as it was a photocopy.
Reference:
Ext.A1
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Used to support the plaintiff's ownership of the property.
Reference:
Ext.A2
Document Type:
RTI application
Submitted By:
Plaintiff
Relevance:
Submitted as part of the evidence.
Reference:
Ext.A3
Document Type:
Reply to RTI Application
Submitted By:
Plaintiff
Relevance:
Submitted as part of the evidence.
Reference:
Ext.A4
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between Hemalatha C.S vs Sreejith T.S regarding permanent prohibitory injunction
Case Code Year
Case between Hemalatha C.S vs Sreejith T.S regarding permanent prohibitory injunction