Case Summary
Lithin Jacob and T T Jacob are the plaintiffs seeking a permanent prohibitory injunction against Sajimon T K, T K Varghese, Pampady Grama Panchayath, and Remani Mathai. The case revolves around a disputed pathway claimed by the plaintiffs to be their property, while the defendants assert it is a public road.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The suit was dismissed by the court which found that the plaintiffs could not establish their claim over the disputed pathway and failed to provide sufficient evidence of any wrongful action by the defendants.
Key Reasoning:
The plaintiffs could not establish their claim over the disputed property.
The plaintiffs could not establish their claim over the disputed property.
Why Defendant Won:
The plaintiffs could not establish their claim over the disputed property.
The plaintiffs could not establish their claim over the disputed property.
Supporting Evidence
However, it could be deciphered that the plaintiffs approached the court by suppressing the material facts. As the plaintiff could not establish that the defendants tried to widen the plaint schedule Item No.2 road, the relief claimed cannot be allowed.
Judgment Evidence:
In the result, Suit is dismissed. No order as to costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Lithin Jacob
- Party Age
- 31
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- T T Jacob
- Party Age
- 63
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sajimon T K
- Party Age
- 43
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- T K Varghese
- Party Age
- 59
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Pampady Grama Panchayath
- Relation
- represented by
- Party Role
- Defendant
- Party Name
- Remani Mathai
- Party Age
- 40
- Relation
- W/o
Plaintiffs Documents
Copy of Settlement Deed no. 973/2017, Tax receipt, Copy of Possession Certificate
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Santhosh Abraham
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Kurian Joy
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Jaison Paliyil
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Refused
Description:
Plaintiffs sought a decree of permanent prohibitory injunction to restrain the defendants from widening the plaint schedule Item No.2 way.
Evidence:
As the plaintiff could not establish that the defendants tried to widen the plaint schedule Item No.2 road, the relief claimed cannot be allowed.
Documents & Evidence
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
By virtue of Exhibit A1, the first plaintiff obtained right and title over property having an extent of 21.05 ares.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Tax receipt related to the plaint schedule Item No.2 way.
Reference:
Ext.A2
Document Type:
Possession Certificate
Submitted By:
Plaintiff
Relevance:
A document confirming the possession of the property.
Reference:
Ext.A3
Document Type:
Application and reply under RTI Act
Submitted By:
Plaintiff
Relevance:
Subject to proof regarding the application and reply from Panchayat.
Reference:
Ext.A4 (Series)
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Report prepared by the Advocate commissioner regarding the plaint schedule properties.
Reference:
Ext.C1
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Second commission report regarding the plaint schedule properties.
Reference:
Ext.C2
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Common Reasons
Case Code
Case between Lithin Jacob et al vs Sajimon T K et al regarding permanent prohibitory injunction
Case Code Year
Case between Lithin Jacob et al vs Sajimon T K et al regarding permanent prohibitory injunction