Case Summary
Jeevan Kumar.M.T is the plaintiff seeking a permanent prohibitory injunction against Raju and others regarding obstruction of his property pathway. The defendants allegedly constructed a latrine that encroaches on this pathway, hindering the plaintiff's use.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction against the defendants from carrying out any constructions or obstructing the enjoyment of the pathway.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The court found the plaintiff's case established based on unchallenged evidence regarding the obstruction on the pathway.
The court found the plaintiff's case established based on unchallenged evidence regarding the obstruction on the pathway.
Judgment Evidence:
In the result, the suit is decreed as follows: Defendants are restrained by a permanent prohibitory injunction from carrying out any constructions in plaint B schedule property or obstructing the enjoyment of the same by plaintiff.
Parties Involved
Plaintiffs
Jeevan Kumar.M.T (53 years)
Madathilparambil House, Kezhuppilly Road, Kadavanthra, Kochi – 682 020
Defendants
Raju (40 years)
Konnoth Parambil Thittayil, Kezhuppilly Road, Kadavanthra, Kochi – 682 020
Thankachan (56 years)
Konnoth Parambil Thittayil, Kezhuppilly Road, Kadavanthra, Kochi, Pin – 682 020
Shaji (50 years)
Konnoth Parambil Thittayil, Kezhuppilly Road, Kadavanthra, Kochi – 682 020
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Defendants are restrained from carrying out any constructions in plaint B schedule property or obstructing the enjoyment of the same by plaintiff.
Evidence:
The suit is decreed as follows: Defendants are restrained by a permanent prohibitory injunction from carrying out any constructions in plaint B schedule property or obstructing the enjoyment of the same by plaintiff.
Relief Type:
Costs
Outcome:
Granted
Description:
Defendants are directed to pay costs of the suit to plaintiff.
Evidence:
Defendants are directed to pay costs of the suit to plaintiff.
Documents & Evidence
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Identified plaintiff B schedule as the pathway to plaint A schedule property and reported waste articles and leakage affecting the pathway.
Reference:
Ext.C1
Document Type:
Photographs
Submitted By:
Court
Relevance:
Fortified the findings of Ext.C1 commission report regarding the obstruction in the pathway.
Reference:
Ext.C1 series