Case Summary
The plaintiffs, K.Gireesan and his legal heirs, are contesting against defendant Augustine regarding a right of way over a pathway that serves as their only access to the public road. The dispute arose when the defendant threatened to obstruct this access by constructing on the pathway.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
Key Reasoning:
The plaintiffs could not establish that the defendant was obstructing their use of the pathway.
The plaintiffs could not establish that the defendant was obstructing their use of the pathway.
Judgment Evidence:
In the result, the suit is dismissed with costs.
Parties Involved
Plaintiffs
K.Gireesan (76 years years)
H.No. 26/2445, Vidya Vihar road, Thevara, Kochi – 13
Prasanna Gireesan (66 years years)
H.no. 26/2445, Vidya Vihar road, Thevara, Kochi – 13
Deepthi Naveen (47 years years)
Rugmini, A.K.G. Road, Edappally, Kochi – 24
Dhanya Deepak (41 years years)
H.No. 26/2445, Vidya Vihar road, Thevara, Kochi – 13
Abhijith D Giri (18 years years)
H.No. 26/2445, Vidya Vihar road, Thevara, Kochi – 13
Defendants
Augustine, C.S (65 years years)
Cheruvalli veedu, Vidya Vihar Road, Thevara, Kochi – 13
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Refused
Description:
The plaintiff sought a permanent injunction preventing the defendant from obstructing access to the pathway.
Evidence:
The plaintiff cannot be granted a relief of prohibitory injunction as sought for in the absence of any cogent materials to show that it was any obstruction caused by the defendant that resulted in lessening the usable width of plaint B schedule.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
The title deed provides a right of way over the plaint B schedule property.
Reference:
Ext.A1
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
The title deed provides a right of way over the plaint B schedule property.
Reference:
Ext.A2
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Provided as evidence related to property taxes.
Reference:
Ext.A3
Document Type:
Compact Disc
Submitted By:
Plaintiff
Relevance:
Contains evidence relevant to the case.
Reference:
Ext.A4
Document Type:
Bill of Photographs
Submitted By:
Plaintiff
Relevance:
Contains photographs relevant to the case subject to proof.
Reference:
Ext.A4(a)
Document Type:
Photographs
Submitted By:
Plaintiff
Relevance:
Included as evidence subject to proof.
Reference:
Ext.A5
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report providing insights into the property inspection.
Reference:
Ext.C1
Document Type:
Rough Sketch
Submitted By:
Court
Relevance:
Sketch related to the commission report.
Reference:
Ext.C1(a)
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report providing insights into the property inspection.
Reference:
Ext.C2
Document Type:
Rough Sketch
Submitted By:
Court
Relevance:
Sketch related to the commission report.
Reference:
Ext.C2(a)
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report providing insights into the property inspection.
Reference:
Ext.C3
Document Type:
Sketch
Submitted By:
Court
Relevance:
Sketch prepared by Surveyor relevant to the case.
Reference:
Ext.C3(a)
Document Type:
Oral Evidence
Submitted By:
Plaintiff
Relevance:
Consists of depositions from witnesses presented during the hearing.
Reference: