Case Summary
The plaintiffs, Jose J. Edavoor and others, seek a permanent prohibitory injunction against the defendant, Devasya, regarding the use of a road. The defendant has been obstructing access to this road, which the plaintiffs require for their properties.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiffs, granting a permanent prohibitory injunction against the defendant. The defendant was restrained from obstructing the plaintiffs' use of the road.
Why Plaintiff Won:
The plaintiff established peaceful possession and the threat of invasion to their rights.
The plaintiff established peaceful possession and the threat of invasion to their rights.
Losing Side's Weaknesses:
The plaintiff established peaceful possession and the threat of invasion to their rights.
The plaintiff established peaceful possession and the threat of invasion to their rights.
Supporting Evidence
The facts sworn in by the plaintiff together with the accompanying documents established that the plaintiff is in peaceful and settled possession of the plaint schedule property, and there is apprehension with regard to the threat of invasion of the possession and proprietary right of the plaintiff and that itself entitles him to the relief of a prohibitory injunction as sought by her.
Judgment Evidence:
In the result, the suit is decreed as follows: (1) The defendant and those acting under him are hereby restrained by a decree of permanent prohibitory injunction from trespassing onto the plaint schedule No.2 road, carrying out any constructions by encroaching onto the road, reducing the width of the plaint schedule item No.2 road, obstructing vehicular traffic along the road, and from committing any waste thereon.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Jose J. Edavoor
- Party Age
- 57
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- James J. Edavoor
- Party Age
- 60
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- P. V Thomas
- Party Age
- 50
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Devasya
- Party Age
- 75
- Relation
- S/o
Plaintiffs Documents
Certified copy of Settlement deed No.1614/1993 of Kidangoor SRO, Certified copy of Sale deed No.780/2000 of Kidangoor SRO, Land tax receipt issued from the Kidangoor village office, Certified copy of the Asset Register of Kidangoor Panchayath.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- D. Baburaj
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Seby Cherian
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
The defendant and those acting under him are restrained from trespassing onto the plaint schedule No.2 road.
Evidence:
The defendant and those acting under him are hereby restrained by a decree of permanent prohibitory injunction from trespassing onto the plaint schedule No.2 road, carrying out any constructions by encroaching onto the road, reducing the width of the plaint schedule item No.2 road, obstructing vehicular traffic along the road, and from committing any waste thereon.
Documents & Evidence
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of the Settlement deed No. 1614/1993 of Kidangoor SRO.
Reference:
Ext.A1
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of the Sale deed No. 780/2000 of Kidangoor SRO.
Reference:
Ext.A2
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Land Revenue Tax Receipt issued from the Kidangoor village office.
Reference:
Ext.A3
Document Type:
Asset Register
Submitted By:
Plaintiff
Relevance:
Certified copy of the Asset Register of Kidangoor Panchayath.
Reference:
Ext.A4
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report filed by Advocate Commissioner Sri. Robin K. Neeliyara.
Reference:
Ext.C1
Document Type:
Rough Sketch
Submitted By:
Court
Relevance:
Rough Sketch filed by Advocate Commissioner Sri. Robin K. Neeliyara.
Reference:
Ext.C1(a)
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report filed by Advocate Commissioner Sri. Robin K. Neeliyara.
Reference:
Ext.C2
Document Type:
Rough Sketch
Submitted By:
Court
Relevance:
Rough Sketch filed by Advocate Commissioner Sri. Robin K. Neeliyara.
Reference:
Ext.C2(a)
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report filed by Advocate Commissioner Smt. Maggi Balram.
Reference:
Ext.C3
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report filed by Advocate Commissioner Smt. Maggi Balram.
Reference:
Ext.C3(a)
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Pala
Common Reasons
Case Code
Case between Jose J. Edavoor et al vs Devasya regarding permanent prohibitory injunction
Case Code Year
Case between Jose J. Edavoor et al vs Devasya regarding permanent prohibitory injunction