Case Summary
The case involves K.J. Xavier and his family members against C.R. Ramesh Babu and others regarding obstruction in the use of a private pathway. The plaintiff claims that defendants are permanently parking their vehicles on the pathway, hindering access to their property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction restraining defendants from obstructing plaintiff’s use of the pathway.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, granting a permanent prohibitory injunction against the defendants from obstructing the plaintiff's use and enjoyment of the pathway.
Why Plaintiff Won:
The plaintiff demonstrated ownership and right of way through the pathway, while the defendants failed to prove exclusive rights over it.
The plaintiff demonstrated ownership and right of way through the pathway, while the defendants failed to prove exclusive rights over it.
Losing Side's Weaknesses:
The plaintiff demonstrated ownership and right of way through the pathway, while the defendants failed to prove exclusive rights over it.
The plaintiff demonstrated ownership and right of way through the pathway, while the defendants failed to prove exclusive rights over it.
Supporting Evidence
Plaintiff is conferred right of way through B schedule pathway and defendants cannot obstruct the enjoyment of the same by parking vehicles there.
Judgment Evidence:
In the result, the suit is decreed as follows: Defendants are restrained by a permanent prohibitory injunction from obstructing plaintiff’s use and enjoyment of plaint B schedule pathway by parking vehicles permanently.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- K.J. Xavier
- Party Age
- 78
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Cicily Xavier
- Party Age
- 80
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Togen.K.X.
- Party Age
- 51
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- C.R. Ramesh Babu
- Party Age
- 50
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Renjith.K.S.
- Party Age
- 42
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Shibu.C.M.
- Party Age
- 40
- Relation
- S/o
Plaintiffs Documents
Certified copy of Sale Deed No.5263/2005 of SRO, Ernakulam, Reply letter No. ISO/MOE3/PIO/24942/22 issued to Additional P3 from Kochi Municipal Corporation.
Defendants Documents
Certified copy of agreement No. 5303/2005 of SRO, Ernakulam, Reply letter No. MOE4/PIO/14464/17 issued to D1 from Kochi Municipal Corporation.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- K.C.Charles
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Vimal.K.Charles
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Renju.A.T.
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- P.K. Muhammed
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Defendants are restrained from obstructing plaintiff’s use and enjoyment of plaint B schedule pathway.
Evidence:
Defendants are restrained by a permanent prohibitory injunction from obstructing plaintiff’s use and enjoyment of plaint B schedule pathway by parking vehicles permanently.
Relief Type:
Costs
Outcome:
Granted
Description:
Plaintiff shall be entitled to realize the costs of the suit.
Evidence:
Plaintiffs are entitled to get the costs of the proceedings.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Shows that plaintiff is the owner of plaint A schedule property with a pathway on the northern boundary.
Reference:
Ext.A1
Document Type:
Reply letter
Submitted By:
Plaintiff
Relevance:
Indicates that plaint B schedule pathway is not included in the asset register of the corporation.
Reference:
Ext.A2
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Identifies plaint A and B schedule properties and reports parking of cars in plaint B schedule pathway.
Reference:
Ext.C1
Document Type:
Agreement
Submitted By:
Defendant
Relevance:
Shows a portion of property is surrendered by the predecessor of plaintiff.
Reference:
Ext.B1
Document Type:
Reply letter
Submitted By:
Defendant
Relevance:
Contains reply issued to D1 from Kochi Municipal Corporation for application under RTI Act.
Reference:
Ext.B2
Document Type:
Oral Evidence
Submitted By:
Unknown
Relevance:
Oral evidence provided by witnesses PW1 and PW2.
Reference:
Document Type:
Witness Evidence
Submitted By:
Unknown
Relevance:
Attested copies of applications and replies from the Cochin Municipal Corporation.
Reference:
Ext.X1 to X3
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Obstruction in pathway
Case Code
Case between K.J. Xavier et al vs C.R. Ramesh Babu et al regarding permanent prohibitory injunction
Case Code Year
Case between K.J. Xavier et al vs C.R. Ramesh Babu et al regarding permanent prohibitory injunction