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
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.
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
Plaintiffs
K.J. Xavier (78 years)
Kanniparambil House, Bank Road, Avenue-3, Kaloor, Cochin – 17, Elamkulam Village.
Cicily Xavier (80 years)
Kanniparambil House, Bank Road, Avenue-3, Kaloor, Cochin – 17.
Togen.K.X. (51 years)
Kanniparambil House, Bank Road, Avenue-3, Kaloor, Cochin – 17.
Defendants
C.R. Ramesh Babu (50 years)
Choudhiparambil House, Bank Road, Avenue-3, Kaloor, Cochin-17.
Renjith.K.S. (42 years)
Lakshmi Bhavan, Bank road Avenue-3, Kaloor, Cochin-17.
Shibu.C.M. (40 years)
Cherupillil House, Bank Road, Avenue-3, Kaloor, Cochin-17.
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