Case Summary
The plaintiff, His Holiness Shrimad Raghavendra Thirtha Swami, the Sole Trustee of a charitable trust, sought a declaration and permanent prohibitory injunction against the defendants, Venkatesh Shenoy and Mohan Shenoy, claiming exclusive use of a pathway. The defendants contested the plaintiff's rights, asserting their own claims to the pathway.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction against the defendants from making any obstruction to the use of plaint B schedule pathway
Case Type
Civil Suit
Final Judgment
No
The court declared that the defendants have no right over the plaint B schedule pathway and issued a permanent prohibitory injunction against them from obstructing the plaintiff's use of the pathway.
Why Plaintiff Won:
The plaintiff established exclusive rights over the pathway through earlier sale deeds and demonstrated a legal claim to its use.
The plaintiff established exclusive rights over the pathway through earlier sale deeds and demonstrated a legal claim to its use.
Losing Side's Weaknesses:
The plaintiff established exclusive rights over the pathway through earlier sale deeds and demonstrated a legal claim to its use.
The plaintiff established exclusive rights over the pathway through earlier sale deeds and demonstrated a legal claim to its use.
Supporting Evidence
The plaintiff proved exclusive right to use the pathway which was not disputed by the defendants and established threat to possession which warranted the injunction.
Judgment Evidence:
In the result, the suit is decreed as follows; (I) It is declared that the defendants have no right to enjoy plaint B schedule pathway for their ingress and egress and to put up a gate from their property so as to have access to the said pathway. (ii) The defendants and men under them are restrained by way of permanent prohibitory injunction from making any obstruction to the use of plaint B schedule pathway or altering its present lie and nature thereby causing inconvenience to the use of B schedule by the plaintiff.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- His Holiness Shrimad Raghavendra Thirtha Swami
- Party Age
- 64
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Venkatesh Shenoy
- Party Age
- 55
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Mohan Shenoy
- Party Age
- 50
- Relation
- S/o
Plaintiffs Documents
Power of attorney, Sale deed No. 5266/2002, Sale deed No. 2111/2003, Sale deed No. 1613/2004, Sale deed No. 6113/1993, Police complaint dated 14.12.2019
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Harish R. Menon
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Aleena Sebatian
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Dr. V.N. Sankarjee
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- V.N. Madhusudhanan
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- K. Shri. Hari Rao
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- R. Udaya Jyothi
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Keerthi B. Chandran
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- P.K. Vijayan Pillai
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- M. Nitheesh
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Declaration
Outcome:
Granted
Description:
Declaration that the defendants have no right to enjoy plaint B schedule pathway.
Evidence:
It is declared that the defendants have no right to enjoy plaint B schedule pathway for their ingress and egress and to put up a gate from their property so as to have access to the said pathway.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Permanent prohibitory injunction restraining defendants from obstructing the use of plaint B schedule pathway.
Evidence:
The defendants and men under them are restrained by way of permanent prohibitory injunction from making any obstruction to the use of plaint B schedule pathway or altering its present lie and nature thereby causing inconvenience to the use of B schedule by the plaintiff.
Documents & Evidence
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
Original of power of attorney for the plaintiff.
Reference:
Ext.A1
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of sale deed No. 5266/2002 of SRO, Edappally, establishing ownership.
Reference:
Ext.A2
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of sale deed No. 2111/2003 of SRO, Edappally, supporting the claim of ownership.
Reference:
Ext.A3
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of sale deed No. 1613/2004 of SRO, Edappally, reinforcing ownership claims.
Reference:
Ext.A4
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of sale deed No. 6113/1993 of SRO, Edappally, relevant to the property history.
Reference:
Ext.A5
Document Type:
Police Complaint
Submitted By:
Plaintiff
Relevance:
True copy of the police complaint dated 14.12.2019 regarding unlawful actions by the defendants.
Reference:
Ext.A6
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report prepared by Adv. Aneesh K.R. regarding the state of plaint B schedule property.
Reference:
Ext.C1
Document Type:
Photographs
Submitted By:
Court
Relevance:
Photos (27 Nos.) documenting the conditions of the plaint B schedule property.
Reference:
Ext.C1(a)
Document Type:
CD
Submitted By:
Court
Relevance:
CD produced along with Commission report containing relevant visual evidence.
Reference:
Ext.C1(b)
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Unauthorized occupation
Case Code
Case between His Holiness Shrimad Raghavendra Thirtha Swami et al vs Venkatesh Shenoy et al regarding declaration and permanent prohibitory injunction
Case Code Year
Case between His Holiness Shrimad Raghavendra Thirtha Swami et al vs Venkatesh Shenoy et al regarding declaration and permanent prohibitory injunction