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
The court found in favor of the defendant, dismissing the suit for permanent prohibitory injunction. The court determined that the plaintiffs did not establish the necessary right of way over the disputed pathway.
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.
Why Defendant Won:
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.
Supporting Evidence
The plaintiff has thus failed to satisfy the preliminary requirements for the grant of an equitable relief.
Judgment Evidence:
In the result, the suit is dismissed with costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- K.Gireesan
- Party Age
- 76
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Prasanna Gireesan
- Party Age
- 66
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Deepthi Naveen
- Party Age
- 47
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Dhanya Deepak
- Party Age
- 41
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Abhijith D Giri
- Party Age
- 18
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Augustine, C.S
- Party Age
- 65
- Relation
- S/o
Plaintiffs Documents
Certified copies of sale deeds no. 3888/1999 and 3929/1999, Tax receipt of Elamkulam village office, Bill of photographs.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Ram Narayana Prabhu
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sudha S
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Abraham P George
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- M.D.Beena
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Anas C.A
- Appearance Type
- Assisting Counsel
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:
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.Gireesan et al vs Augustine, C.S regarding permanent prohibitory injunction.
Case Code Year
Case between K.Gireesan et al vs Augustine, C.S regarding permanent prohibitory injunction.