Case Summary
Job John P and Gincy George are the plaintiffs seeking a permanent prohibitory injunction against defendant Unnichan @ George. The plaintiffs claim that the defendant is encroaching upon their right of way, which is essential for vehicle access to their properties.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
Key Reasoning:
The evidence on record did not sufficiently establish any right, title or possession of the plaintiffs over the specified property.
The evidence on record did not sufficiently establish any right, title or possession of the plaintiffs over the specified property.
Judgment Evidence:
In view of the discussions made above, I am of the view that there is no proper identification of the plaint B schedule pathway and that the evidence on record is not sufficient to establish any right, title or possession of the plaintiffs over plaint B schedule property. In such circumstances, Issues I to III are to be found against the plaintiffs and are found so.
Parties Involved
Plaintiffs
Job John P (46 years years)
Periyapuram Veetil, Kandanad Desam, Manakunnam Village, Kanayannoor Taluk – 682 305.
Gincy George (45 years years)
Periyapuram Veetil, Kureekad Post, Kanayannoor Taluk– 682 301.
Defendants
Unnichan @ George (80 years years)
Vaishyam Parambil, Kandanad, Thiruvankulam, Ernakulam – 682 305.
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Refused
Description:
Plaintiffs sought a permanent prohibitory injunction against the defendant.
Evidence:
In view of the discussions made above, I am of the view that there is no proper identification of the plaint B schedule pathway and that the evidence on record is not sufficient to establish any right, title or possession of the plaintiffs over plaint B schedule property.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Sale Deed No. 1266/2017 of SRO, Tripunithura.
Reference:
Ext.A1
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
True copy of land tax receipt issued by Manakunnam Village Office.
Reference:
Ext.A2
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Sale Deed No. 2377/2013 of SRO, Tripunithura.
Reference:
Ext.A3
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
True copy of land tax receipt issued by Manakunnam Village Office.
Reference:
Ext.A4
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Sale Deed No. 3212/1999 SRO, Tripunithura.
Reference:
Ext.A5
Document Type:
Photograph
Submitted By:
Defendant
Relevance:
Photographs marked subject to proof.
Reference:
Ext.B1 to B7
Document Type:
Sale deed
Submitted By:
Defendant
Relevance:
Certified copy of Sale Deed No. 2914/2003.
Reference:
Ext.B8
Document Type:
Sale deed
Submitted By:
Defendant
Relevance:
Certified copy of Sale Deed No. 263/1996.
Reference:
Ext.B9
Document Type:
Sale deed
Submitted By:
Defendant
Relevance:
Certified copy of Sale Deed No. 1242/1996.
Reference:
Ext.B10
Document Type:
Sale deed
Submitted By:
Defendant
Relevance:
Certified copy of Sale Deed No. 4212/2006.
Reference:
Ext.B11
Document Type:
Document
Submitted By:
Defendant
Relevance:
Certified copy of Document No. 2822/2008.
Reference:
Ext.B12
Document Type:
Sale deed
Submitted By:
Defendant
Relevance:
Certified copy of Sale Deed No. 1266/2017.
Reference:
Ext.B13
Document Type:
Sale deed
Submitted By:
Defendant
Relevance:
Certified copy of Sale Deed No. 1666/1995.
Reference:
Ext.B14