Case Summary
The plaintiff Karmali, the absolute owner of a property, filed a suit against the defendant Charles for obstructing access to her property. The defendant allegedly began blocking the only pathway leading to the plaintiff's property, claiming ownership of an adjacent area.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant and his men are restrained from causing any obstruction on the B schedule pathway and from interfering with the plaintiff’s access.
Case Type
Civil Suit
Final Judgment
No
The court found in favor of the plaintiff, restraining the defendant from obstructing the plaintiff's pathway and granting her the costs of the suit.
Why Plaintiff Won:
The plaintiff succeeded in proving her case with evidence.
The plaintiff succeeded in proving her case with evidence.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
By producing Exts.A1 and C1 series and by deposing in tune with the plaint averments in the affidavit, the plaintiff has succeeded in proving her case. Moreover, there is no evidence to rebut the evidence adduced on the side of the plaintiff.
Judgment Evidence:
In the result, this suit is decreed in part as follows: (i) The defendant and his men are hereby restrained from causing any obstruction on the B schedule pathway or from doing anything that would interfere with the plaintiff’s free and peaceful access to the A schedule property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Karmali
- Party Age
- 58
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Charles
- Party Age
- 35
Plaintiffs Documents
Sale deed No. 207/1986 (Ext.A1), Commission report (C1 series)
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Reghupalan.S.K.
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Restraint of the defendant from causing any obstruction on the B schedule pathway.
Evidence:
The defendant and his men are hereby restrained from causing any obstruction on the B schedule pathway or from doing anything that would interfere with the plaintiff’s free and peaceful access to the A schedule property.
Relief Type:
Costs
Outcome:
Granted
Description:
Plaintiff entitled to realise the costs of the suit from the defendant.
Evidence:
The plaintiff is entitled to realise the costs of the suit from the defendant.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Proves the plaintiff's ownership and possession of the property.
Reference:
Ext.A1
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Details the obstructions made on the B schedule pathway and supports the plaintiff's claims.
Reference:
Ext.C1 series
Case Classification
Case Type
Civil Suit
Category
Injunction and Access Rights
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Obstruction to access
Case Code
Case between Karmali vs Charles regarding permanent prohibitory injunction
Case Code Year
Case between Karmali vs Charles regarding permanent prohibitory injunction