Case Summary
K P Babu has filed a suit seeking both mandatory and prohibitory injunction against Geetha @ Seetha and others. The case revolves around the plaintiff's claim of ownership and right of passage over a pathway obstructed by the defendants.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants are restrained from obstructing the use of plaint item No. 2 way and must remove the construction within 3 months.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
Plaintiff proved ownership and right of way over the pathway through unchallenged evidence.
Plaintiff proved ownership and right of way over the pathway through unchallenged evidence.
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.
Parties Involved
Plaintiffs
K P Babu (61 years)
Kunnathu Kochery House, Vadakodu Kara, Thrikkakkara North Village, Kanayannoor Taluk, Ernakulam District
Defendants
Geetha @ Seetha (36 years)
Naraanathu House, Vadakodu Kara, Thrikkakkara North Village, Kanayannoor Taluk, Ernakulam District
Sarojini (71 years)
Naraanathu House, Vadakodu Kara, Thrikkakkara North Village, Kanayannoor Taluk, Ernakulam District
Anitha (35 years)
Naraanathu House, Vadakodu Kara, Thrikkakkara North Village, Kanayannoor Taluk, Ernakulam District
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Plaintiff sought a decree of permanent prohibitory injunction to prevent defendants from annexing any portion of plaint item No. 2 way.
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:
Plaintiff sought a mandatory injunction directing defendants 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:
Other
Outcome:
Granted
Description:
Plaintiff is entitled to costs of the suit.
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:
Certified copy of Sale deed no. 5284/93 of SRO, Edappally establishes the plaintiff's ownership.
Reference:
Ext.A1
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Sale deed no. 3611/1999 of SRO, Edappally supports the plaintiff's claim over the property.
Reference:
Ext.A2
Document Type:
Gift Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Gift deed no. 1039/2019 of SRO, Edappally provides additional context to plaintiff's claims.
Reference:
Ext.A3
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Tax paid receipt issued from Thrikkakkara North Village Office verifies plaintiff's tax status related to property.
Reference:
Ext.A4
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Tax paid receipt issued from Thrikkakkara North Village Office reinforces the plaintiff's ownership rights.
Reference:
Ext.A5
Document Type:
Agreement
Submitted By:
Plaintiff
Relevance:
Agreement granting right of way executed in favour of the plaintiff is central to the case.
Reference:
Ext.A6
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Sale deed no. 4464/1999 of SRO, Edappally adds to the plaintiff's title claims.
Reference:
Ext.A7
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Sale deed no. 4465/1999 of SRO, Edappally further substantiates plaintiff's ownership.
Reference:
Ext.A8
Document Type:
Release deed
Submitted By:
Plaintiff
Relevance:
Certified copy of release deed no. 5877/04 of SRO, Edappally clarifies the legal history of the property.
Reference:
Ext.A9
Document Type:
Release deed
Submitted By:
Plaintiff
Relevance:
Certified copy of release deed no. 5876/04 of SRO, Edappally contributes to the plaintiff's claims regarding property rights.
Reference:
Ext.A10
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission Report filed by Advocate Sreedass K P provides an official account of the property and surrounding area.
Reference:
Ext.C1
Document Type:
Sketch
Submitted By:
Court
Relevance:
Rough sketch filed along with the Commission Report illustrates the contested areas.
Reference:
Ext.C1(a)
Document Type:
Tax receipt
Submitted By:
Defendant
Relevance:
Tax paid receipt issued from Thrikkakkara North Village Office supports the defendants' position on ownership.
Reference:
Ext.B1
Document Type:
Tax receipt
Submitted By:
Defendant
Relevance:
Tax paid receipt issued from Thrikkakkara North Village Office adds to the defendants' claims of ownership.
Reference:
Ext.B2
Document Type:
Tax receipt
Submitted By:
Defendant
Relevance:
Tax paid receipt issued from Thrikkakkara North Village Office provides evidence for defendants' property management.
Reference:
Ext.B3
Document Type:
Settlement Deed
Submitted By:
Defendant
Relevance:
Settlement deed no. 783/93 of SRO, Edappally is referenced for establishing legitimacy of defendants' claims.
Reference:
Ext.B4
Document Type:
Notice
Submitted By:
Defendant
Relevance:
Notice issued by Thrikkakkara Service Co-operative Bank relates to financial aspects of the defendants' items.
Reference:
Ext.B5
Document Type:
Oral Evidence
Submitted By:
Unknown
Relevance:
Oral evidence presented by both parties contributed to understanding of the case.
Reference: