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
The court declared that the plaintiffs have a perpetual right to use the road and granted a permanent injunction against the defendant to prevent any further obstruction.
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.
Losing Side's Weaknesses:
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.
Supporting Evidence
The evidence on record and from the documents provides that the plaintiff has a right of way through plaint B schedule property and the defendant has no right to obstruct the usage of the right of way of the plaint.
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
Parties
- Party Role
- Plaintiff
- Party Name
- Honey Kumar A P
- Party Age
- 58
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Sunitha K P
- Party Age
- 52
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Joseph Jude Antony Mendez
- Party Age
- 53
- Relation
- S/o
Plaintiffs Documents
Bank attested copy of the Sale deed 2320/2012, Original Tax receipt no: KL07022200173/2024 issued by Village Office, Ernakulam, Notary attested copy of the partition deed 2600/1994, Discharge Summary issued form Renai Medcity
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- P Sanjay
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Paul Varghese (Pallath)
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Mohammed Aslam P A
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Shiju Varghese
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Vinu Chand
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Rakesh Venugopal C
- Appearance Type
- Main Counsel
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:
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Right of way obstruction
Case Code
Case between Honey Kumar A P et al vs Joseph Jude Antony Mendez regarding declaration and injunction
Case Code Year
Case between Honey Kumar A P et al vs Joseph Jude Antony Mendez regarding declaration and injunction