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
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.
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
Plaintiffs
Hemalatha C.S (55 years)
Akhil Nivas, House No. 28/1062, KCRWA-45, K.P Vallon Road, Kadavanthara, Kochi – 682 020
Defendants
Sreejith T.S (43 years)
28/800, Karthika (Thengamuchi), Sudarshan Lane, K.P Vallon Road, Kadavanthara, Kochi 682 020
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