Case Summary
The plaintiffs, a husband and wife, are seeking a declaration of their right of way over a road that the defendant is allegedly obstructing by parking his vehicle. The defendant contends that the plaintiffs have unclean hands and claims ownership of the road.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent injunction restraining the defendant from causing any illegal obstruction and a declaration of right of way to the plaintiffs.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
Plaintiffs have established their right of way through credible evidence including the partition deed.
Plaintiffs have established their right of way through credible evidence including the partition deed.
Judgment Evidence:
In the result, suit is decreed. 1) It is hereby declared that plaintiffs have got perpetual right to use the plaint B schedule road for the enjoyment of the incidental amenities of life. 2) Defendant is restrained by a permanent prohibitory injunction from causing any illegal obstruction to the plaintiff in the plaint B schedule property.
Parties Involved
Plaintiffs
Honey Kumar A P (58 years)
PRRA-6, ‘Prannayam’, Anchiparambil House, H. No. 43/167 A1, Robal Colony, Ayyappankavu, Ernakulam North 682018
Sunitha K P (52 years)
PRRA-6, ‘Prannayam’, Anchiparambil House, H. No. 43/167 A1, Robal Colony, Ayyappankavu, Ernakulam North 682018
Defendants
Joseph Jude Antony Mendez (53 years)
PRRA-6, Rose Villa, H. No. 43/155, Robal Colony, Ayyappankavu, Ernakulam North 682018
Reliefs
Relief Type:
Declaration
Outcome:
Granted
Description:
Declaration of perpetual right to use the plaint B schedule road.
Evidence:
It is hereby declared that plaintiffs have got perpetual right to use the plaint B schedule road for the enjoyment of the incidental amenities of life.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Permanent prohibitory injunction restraining the defendant from causing further obstruction.
Evidence:
Defendant is restrained by a permanent prohibitory injunction from causing any illegal obstruction to the plaintiff in the plaint B schedule property.
Relief Type:
Costs
Outcome:
Granted
Description:
Costs of the suit awarded to the plaintiffs.
Evidence:
Defendant is directed to pay cost of the suit to plaintiffs.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
This document establishes the plaintiffs' ownership of the plaint A schedule property.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
This document evidences the ownership of the plaint A schedule property by the plaintiffs.
Reference:
Ext.A2
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
This document supports the claim of the plaintiffs regarding their right of way.
Reference:
Ext.A3
Document Type:
Discharge Summary
Submitted By:
Plaintiff
Relevance:
This document was referenced to show the health issues faced by the 1st plaintiff, causing urgency for access.
Reference:
Ext.A4
Document Type:
Commission Report
Submitted By:
Court
Relevance:
This report provided evidence and details about the plaint B schedule property.
Reference:
Ext.C1
Document Type:
Photographs
Submitted By:
Court
Relevance:
These photographs supported the findings in the commission report regarding the property.
Reference:
Ext.C1(a)
Document Type:
Oral Evidence
Submitted By:
Unknown
Relevance:
Evidence was presented through witnesses PW1 and PW2 regarding the claims of the plaintiffs.
Reference: