Skip to main content
Niyamam AI Niyamam AI

Main navigation

  • Home
  • Lawyer Login
  • Lawyer Registration
  • About us
  • Contact
O.S. No. 1361 /2018

Case between K P Babu vs Geetha @ Seetha et al regarding injunction

Court
II Additional Munsiff Court, Ernakulam
Judge
Smt. Needi. K. Dinamany
Order Date
2024-09-13
Duration
approximately-6 years 2 months
Case Closed
Fri, 09/13/2024 - 12:00

Judgement document from eCourt website

Judgment Document
Save Case Find Similar Cases

Case Summary

K P Babu filed a suit against Geetha @ Seetha and others regarding a right of way over a pathway. The plaintiff claims he has been obstructed from using this pathway by the defendants, who are the legal heirs of the property owner Pradeep.

Judgment Outcome

Plaintiff Won
Interim Order
The court found in favor of K P Babu, stating he has the right of way over the pathway in question. The defendants were ordered to remove their obstruction and were restrained from annexing the path.
Judgment Favored
Plaintiff
Relief Granted
Defendants restrained from obstructing the plaintiff from using the pathway; mandatory injunction to remove obstruction.
Case Type
Civil Suit
Final Judgment
No
The court found in favor of K P Babu, stating he has the right of way over the pathway in question. The defendants were ordered to remove their obstruction and were restrained from annexing the path.
Why Plaintiff Won:
Plaintiff proved ownership and right of way by virtue of the agreement with Pradeep.
Losing Side's Weaknesses:
Plaintiff proved ownership and right of way by virtue of the agreement with Pradeep.
Supporting Evidence
The unchallenged oral and documentary evidence is sufficient to grant a decree in favour of plaintiff. Plaintiff has proved that by virtue of Ext.A6, he has got right of passage through item No.2 pathway.

Judgment Evidence:

In the result, suit is decreed on the following terms: 1) The defendants are restrained by way of perpetual injunction from annexing any portion of plaint item No. 2 way to their properties or from obstructing the plaintiff from using plaint item no 2 way peaceably. 2) The defendants are directed to remove plaint item no 3 construction by way of mandatory injunction within 3 months...

Parties Involved

Parties

Party Role
Plaintiff
Party Name
K P Babu
Party Age
61
Relation
S/o
Party Role
Defendant
Party Name
Geetha @ Seetha
Party Age
36
Relation
D/o
Party Role
Defendant
Party Name
Sarojini
Party Age
71
Relation
W/o
Party Role
Defendant
Party Name
Anitha
Party Age
35
Relation
D/o
Plaintiffs Documents
Sale deed No. 5284/93, Sale deed No. 3611/1999, Agreement granting right of way executed in favour of the plaintiff.
Defendants Documents
Tax paid receipt issued from Thrikkakkara North Village Office.

Advocates

Party Role
Plaintiff
Advocate Name
K Shaji
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Anju Mohan
Appearance Type
Assisting Counsel
Party Role
Plaintiff
Advocate Name
Ijlal C
Appearance Type
Assisting Counsel
Party Role
Plaintiff
Advocate Name
Arun Chand
Appearance Type
Assisting Counsel
Party Role
Plaintiff
Advocate Name
Thareeq Anver
Appearance Type
Assisting Counsel
Party Role
Plaintiff
Advocate Name
Renjith R
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
B M Ajith
Appearance Type
Main Counsel

Reliefs

Relief Type: Permanent Injunction
Outcome: Granted
Description:
Defendants are restrained from annexing any portion of plaint item No. 2 way to their properties or from obstructing the plaintiff from using it.
Evidence:
The defendants are restrained by way of perpetual injunction from annexing any portion of plaint item No. 2 way to their properties or from obstructing the plaintiff from using plaint item no 2 way peaceably.
Relief Type: Mandatory Injunction
Outcome: Granted
Description:
Defendants are directed to remove the construction obstructing the pathway.
Evidence:
The defendants are directed to remove plaint item no 3 construction by way of mandatory injunction within 3 months.
Relief Type: Costs
Outcome: Granted
Description:
Defendants are directed to pay the costs of the suit to plaintiffs.
Evidence:
Considering the facts and circumstances of the case, plaintiffs are entitled to get the costs of the proceedings.

Documents & Evidence

Document Type: Sale deed
Submitted By: Plaintiff
Relevance:
Document evidencing the plaintiff's ownership of plaint Item No. 1 property.
Reference:
Ext.A1
Document Type: Sale deed
Submitted By: Plaintiff
Relevance:
Document evidencing the plaintiff's ownership of plaint Item No. 1 property.
Reference:
Ext.A2
Document Type: Agreement
Submitted By: Plaintiff
Relevance:
Agreement granting right of way over plaint Item No. 2 pathway to the plaintiff.
Reference:
Ext.A6
Document Type: Tax receipt
Submitted By: Plaintiff
Relevance:
Tax receipts evidencing payment related to plaint Item No. 1 property.
Reference:
Ext.A4
Document Type: Tax receipt
Submitted By: Plaintiff
Relevance:
Tax receipts evidencing payment related to plaint Item No. 1 property.
Reference:
Ext.A5
Document Type: Tax receipt
Submitted By: Defendant
Relevance:
Tax receipts presented by the defendants to establish their claim over the property.
Reference:
Ext.B1
Document Type: Tax receipt
Submitted By: Defendant
Relevance:
Tax receipts presented by the defendants to establish their claim over the property.
Reference:
Ext.B2
Document Type: Tax receipt
Submitted By: Defendant
Relevance:
Tax receipts presented by the defendants to establish their claim over the property.
Reference:
Ext.B3
Document Type: Settlement Deed
Submitted By: Defendant
Relevance:
Document used by defendants to claim ownership over the property.
Reference:
Ext.B4
Document Type: Notice
Submitted By: Defendant
Relevance:
Notice related to the financial aspect of the property dispute.
Reference:
Ext.B5
Document Type: Commission Report
Submitted By: Court
Relevance:
Report detailing the status of plaint Item No. 2 pathway.
Reference:
Ext.C1
Document Type: Rough Sketch
Submitted By: Court
Relevance:
Sketch corroborating the Commission Report regarding plaint Item No. 2 pathway.
Reference:
Ext.C1(a)
Document Type: Oral Evidence
Submitted By: Oral evidence
Relevance:
Testimonies from the plaintiff's and defendant's witnesses presenting their claims.
Reference:

Case Classification

Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between K P Babu vs Geetha @ Seetha et al regarding injunction
Case Code Year
Case between K P Babu vs Geetha @ Seetha et al regarding injunction

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Mon, 01/01/2018 - 12:00
Case Closed
Fri, 09/13/2024 - 12:00
From
Sun, 09/01/2024 - 12:00
To
Mon, 09/30/2024 - 12:00
Outcome Confidence
95%

Involved Entities

Similar Cases

Case between T.O Abraham et al vs T.O Aleyas et al regarding settlement of the suit
COURT OF THE PRINCIPAL MUNSIFF, ERNAKULAM
Civil Suit Dismissed
Case between Prakash Pai, et al vs Saju, et al regarding undisclosed matter
THE COURT OF THE MUNSIFF, ERNAKULAM
Civil Suit Unknown
Case between Nithya vs Babu et al regarding Dismissal of Listed Case
THE PRINCIPAL MUNSIFF, ERNAKULAM
Civil Suit Defendant Won
Case between Kunju Bava vs C. A Abdulla regarding specific performance of agreement and consequential reliefs
The Court of the Principal Munsiff, Ernakulam
Civil Suit Unknown
Case between Ammini M.N et al vs Sindhu et al regarding undisclosed matter
THE COURT OF THE PRINCIPAL MUNSIFF, ERNAKULAM
Civil Suit Defendant Won