Case Summary
The plaintiffs and defendants, neighbors, are involved in a dispute concerning a pathway that the plaintiffs allege is obstructed by the defendants. The case seeks a permanent prohibitory injunction against the defendants to prevent them from obstructing access to this pathway.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants are restrained from causing any obstruction to the use of the plaint schedule way and from obstructing the drawing of water from the public tap.
Case Type
Civil Suit
Final Judgment
No
The court granted a permanent prohibitory injunction to the plaintiffs against the defendants from causing any obstruction to the use of the plaint schedule way. The counter claim filed by the defendants was dismissed.
Why Plaintiff Won:
The plaintiffs demonstrated their right to use the pathway and established that their access was obstructed by the defendants.
The plaintiffs demonstrated their right to use the pathway and established that their access was obstructed by the defendants.
Losing Side's Weaknesses:
The plaintiffs demonstrated their right to use the pathway and established that their access was obstructed by the defendants.
The plaintiffs demonstrated their right to use the pathway and established that their access was obstructed by the defendants.
Supporting Evidence
The apprehension of plaintiffs is genuine. Here, the plaintiffs had established that there is a potential threat against them and that the defendants are under a legal obligation to not to disturb the plaintiffs.
Judgment Evidence:
In the result, the suit is decreed in part. The defendants and their men are hereby restrained from causing any obstruction to the use of the plaint schedule way and from obstructing the drawing of water from the public tap. Counter claim dismissed.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Lalitha
- Party Age
- 53
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Ponnamma
- Party Age
- 70
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Sasidharan
- Party Age
- 63
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Madhosoodanan
- Party Age
- 65
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Sivakumar.S
- Party Age
- 44
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Omana
- Party Age
- 50
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Shalu
- Party Age
- 28
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Sanal
- Party Age
- 26
- Relation
- W/o
Plaintiffs Documents
Letter issued from the Kuppana Sree Velagudha Mangalam Temple Trust, Copy of complaints lodged with the Anchalummoodu Police Station.
Defendants Documents
Certified copy of Partition Deed No. 1818/1986, Tax receipt, Copy of Re-survey Plan.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Bijimol K
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- K.Velayudhan Pillai
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Defendants and their men are restrained from causing any obstruction to the use of the plaint schedule way.
Evidence:
The defendants and their men are hereby restrained from causing any obstruction to the use of the plaint schedule way and from obstructing the drawing of water from the public tap.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff is entitled to realise costs of the suit from the defendants.
Evidence:
Plaintiff is entitled to realise costs of the suit from the defendants.
Relief Type:
Permanent Injunction
Outcome:
Rejected
Description:
Counter claim for permanent prohibitory injunction.
Evidence:
Counter claim dismissed.
Documents & Evidence
Document Type:
Copy of rough sketh of scheduled way
Submitted By:
Plaintiff
Relevance:
Submitted as evidence to show the pathway that is being obstructed.
Reference:
Ext.A1
Document Type:
Letter issued from the Kuppana Sree Velagudha Mangalam Temple Trust
Submitted By:
Plaintiff
Relevance:
Provided context regarding the established pathway.
Reference:
Ext.A2
Document Type:
Copy of complaint lodged with the Anchalummoodu Police Station
Submitted By:
Plaintiff
Relevance:
Evidence of prior complaints about the obstruction.
Reference:
Ext.A3
Document Type:
Copy of complaint lodged with the Anchalummoodu Police Station
Submitted By:
Plaintiff
Relevance:
Further evidence of procedural complaints regarding the obstruction.
Reference:
Ext.A3(a)
Document Type:
Copy of complaint lodged with the Anchalummoodu Police Station
Submitted By:
Plaintiff
Relevance:
Related to prior issues regarding the pathway.
Reference:
Ext.A3(b)
Document Type:
Copy of complaint lodged with the Kollam Vanitha Cell
Submitted By:
Plaintiff
Relevance:
Documentation to support claims of harassment related to the pathway.
Reference:
Ext.A4
Document Type:
Copy of complaint lodged with the R.D.O, Kollam
Submitted By:
Plaintiff
Relevance:
Further complaints regarding the obstruction faced.
Reference:
Ext.A5
Document Type:
Copy of complaint lodged before the City Police Commissioner, Kollam
Submitted By:
Plaintiff
Relevance:
Additional documentation showcasing ongoing issues.
Reference:
Ext.A6
Document Type:
Certified Copy of Partition Deed
Submitted By:
Defendant
Relevance:
Claim of title over the counter-claim property.
Reference:
Ext.B1
Document Type:
Tax receipt
Submitted By:
Defendant
Relevance:
Evidence of ownership and claim over the disputed land.
Reference:
Ext.B2
Document Type:
Copy of Re-survey Plan
Submitted By:
Defendant
Relevance:
Document presented to substantiate claims regarding property boundaries.
Reference:
Ext.B3
Document Type:
Receipt issued from Anchalummoodu Police Station
Submitted By:
Defendant
Relevance:
Document regarding police interaction relevant to the case.
Reference:
Ext.B4
Document Type:
Copy of complaint lodged with the Kerala State SC/ST Commission and relevant documents
Submitted By:
Defendant
Relevance:
Evidence of prior complaints by the defendants.
Reference:
Ext.B5
Document Type:
Receipt issued from Anchalummoodu Police Station
Submitted By:
Defendant
Relevance:
Another document related to police matters concerning the case.
Reference:
Ext.B6
Document Type:
Commission report prepared by Adv. Commissioner
Submitted By:
Court
Relevance:
Key document providing official findings on the disputed pathway.
Reference:
Ext.C1
Document Type:
Mahazar Prepared by the Adv Commissioner
Submitted By:
Court
Relevance:
Supplementary details accompanying the commission report.
Reference:
Ext.C1(a)
Document Type:
Sketch prepared by the Adv Commissioner
Submitted By:
Court
Relevance:
Visual representation related to the commission findings.
Reference:
Ext.C1(b)
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Unauthorized occupation
Case Code
Case between Lalitha et al vs Omana et al regarding permanent prohibitory injunction
Case Code Year
Case between Lalitha et al vs Omana et al regarding permanent prohibitory injunction