Case Summary
The plaintiffs, Jerro Pereira and Shyja Jerro, filed a suit for injunction against the defendants, Velayudhan Nair and Indira Devi, regarding the usage of a pathway. The dispute arose over the obstructing of access to the plaintiffs' property.
Judgment Outcome
Judgment Favored
Partial
Relief Granted
Permanent prohibitory injunction restraining the defendants from obstructing the plaintiffs' usage of the pathway.
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiffs regarding the injunction, restraining the defendants from obstructing the pathway. Additionally, the counterclaim made by the defendants was also acknowledged, limiting the plaintiffs' actions regarding the path.
Key Reasoning:
The plaintiffs were found to have the right to use the pathway as stipulated in the deed.
The plaintiffs were found to have the right to use the pathway as stipulated in the deed.
Losing Side's Weaknesses:
The plaintiffs were found to have the right to use the pathway as stipulated in the deed.
The plaintiffs were found to have the right to use the pathway as stipulated in the deed.
Supporting Evidence
The specific contention of plaintiffs is that as per Ext.A1 deed, they were provided right over plaint B schedule pathway starting from the public road on the northern side of plaint A schedule property.
Judgment Evidence:
From the upshot of above discussion it is found that the plaintiff is entitled for a decree of permanent prohibitory injunction to the extent of restraining the defendants from committing any waste or mischief on plaint B schedule pathway, from blocking the plaint B schedule pathway and from disturbing or obstructing the enjoyment of plaint A and B schedule properties by the plaintiffs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Jerro Pereira
- Party Age
- 66
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Shyja Jerro
- Party Age
- 53
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Velayudhan Nair
- Party Age
- 70
- Party Role
- Defendant
- Party Name
- Indira Devi
- Party Age
- 68
- Relation
- W/o
Plaintiffs Documents
Certified copy of sale deed No.1679/2000, Tax receipt dated 24/07/2017 and 15/08/2018
Defendants Documents
Certified copy of settlement deed, Certified copy of sale deed No.3031/1990
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. V.K.Hari Kumar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. V.Bahuleyan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Plaintiffs are granted injunction to restrain defendants from obstructing access to the pathway.
Evidence:
The plaintiffs are entitled for a decree of permanent prohibitory injunction to the extent of restraining the defendants from committing any waste or mischief on plaint B schedule pathway.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Defendants are granted injunction against plaintiffs from blocking the counter claim schedule property.
Evidence:
The counter claim defendants/plaintiffs are restrained from blocking the counter claim schedule property by installing gate and lock on it.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Plaintiffs obtained the right to access the pathway to their property.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Tax receipts pertaining to the plaintiffs' property.
Reference:
Ext.A2
Document Type:
Settlement Deed
Submitted By:
Defendant
Relevance:
Establishes the defendant's claim and rights over the property.
Reference:
Ext.B1
Document Type:
Sale deed
Submitted By:
Defendant
Relevance:
Document supporting the defendant's claim of ownership.
Reference:
Ext.B2
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Reports on the nature and extent of the contentious pathway.
Reference:
Ext.C1
Document Type:
Rough Sketch
Submitted By:
Court
Relevance:
Visual representation accompanying the commission report.
Reference:
Ext.C1(a)
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Case Code
Case between Jerro Pereira and Shyja Jerro vs Velayudhan Nair and Indira Devi regarding injunction
Case Code Year
Case between Jerro Pereira and Shyja Jerro vs Velayudhan Nair and Indira Devi regarding injunction