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O.S No.662/2017

Case between Madhu K vs P.P Chandra Babu regarding mandatory injunction and permanent prohibitory injunction.

Court
Court of the Munsiff, Kottayam
Judge
Smt. Jyothi Babu R.
Order Date
2025-03-13
Duration
approximately-7 years 9 months 13 days
Case Closed
Thu, 03/13/2025 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

Madhu K is the plaintiff claiming that the defendant, P.P Chandra Babu, encroached on a road necessary for access to his property. The plaintiff seeks an injunction against the defendant's actions.

Judgment Outcome

Defendant Won
Interim Order
The suit was dismissed as the plaintiff could not establish that the defendant caused any obstruction to the use of the way.
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The suit was dismissed as the plaintiff could not establish that the defendant caused any obstruction to the use of the way.
Key Reasoning:
The plaintiff failed to prove encroachment and the claims made were not substantiated by evidence.
Why Defendant Won:
The plaintiff failed to prove encroachment and the claims made were not substantiated by evidence.
Supporting Evidence
It can be concluded that there was no encroachment as alleged. The plaintiff could not establish that the defendant had caused any obstruction to the user of the plaint schedule item no.3 way.

Judgment Evidence:

In the result, The suit is dismissed. There is no order as to costs.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Madhu K
Party Age
48
Relation
S/o
Party Role
Defendant
Party Name
P.P Chandra Babu
Party Age
60
Relation
S/o
Plaintiffs Documents
Copy of partition deed No. 2409/1975, Release deed No. 2404/1975, Copy of settlement deed No. 2099/2017, Tax receipt, Copy of report.
Defendants Documents
Copy of decree in OS No. 402/2009, Copy of sale deed No. 2313/1995.

Advocates

Party Role
Plaintiff
Advocate Name
Santhosh Thomas Kandamchira
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
George Emmanuel Podipara
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Manu J Varappally
Appearance Type
Assisting Counsel

Reliefs

Relief Type: Mandatory Injunction
Outcome: Refused
Description:
Plaintiff sought a mandatory injunction to remove the gate installed by the defendant.
Evidence:
the suit is dismissed.
Relief Type: Permanent Injunction
Outcome: Refused
Description:
Plaintiff sought a permanent prohibitory injunction to restrain the defendant from causing obstruction to the user of the way.
Evidence:
the suit is dismissed.

Documents & Evidence

Document Type: Partition Deed
Submitted By: Plaintiff
Relevance:
Exhibit A1 is Partition deed no.2409/1975, which establishes the plaintiff's mother's title to the property.
Reference:
Ext.A1
Document Type: Release deed
Submitted By: Plaintiff
Relevance:
Exhibit A2 is Release deed no.2404/1975, confirming the plaintiff's mother's title over the property.
Reference:
Ext.A2
Document Type: Settlement Deed
Submitted By: Plaintiff
Relevance:
Exhibit A3 is Settlement deed no.2099/2017, through which the plaintiff obtained absolute title over the plaint schedule property.
Reference:
Ext.A3
Document Type: Tax receipt
Submitted By: Plaintiff
Relevance:
Exhibit A4 is a tax receipt dated 29.04.2024, indicating mutation in the plaintiff's name.
Reference:
Ext.A4
Document Type: Report
Submitted By: Plaintiff
Relevance:
Exhibit A5 is a report filed by the Village Officer concerning the plaint schedule item no.3 road.
Reference:
Ext.A5
Document Type: Decree
Submitted By: Defendant
Relevance:
Exhibit B1 is a copy of decree in OS No.402/2009, which establishes prior judicial determination relevant to the case.
Reference:
Ext.B1
Document Type: Sale deed
Submitted By: Defendant
Relevance:
Exhibit B2 is Copy of sale deed no.2313/1995, relevant to the defendant's claim.
Reference:
Ext.B2
Document Type: Commission Report
Submitted By: Court
Relevance:
Exhibit C1 is the Commission Report prepared by the Advocate Commissioner visiting the properties.
Reference:
Ext.C1
Document Type: Plan
Submitted By: Court
Relevance:
Exhibit C1(a) is the Plan attached to the Commission Report.
Reference:
Ext.C1(a)

Case Classification

Case Type
Civil Suit
Category
Injunction and Access Rights
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Common Reasons
Encroachment
Case Code
Case between Madhu K vs P.P Chandra Babu regarding mandatory injunction and permanent prohibitory injunction.
Case Code Year
Case between Madhu K vs P.P Chandra Babu regarding mandatory injunction and permanent prohibitory injunction.

Quick Facts

Location
Kottayam
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Case Filed
Tue, 06/13/2017 - 12:00
Case Closed
Thu, 03/13/2025 - 12:00
From
Sat, 03/01/2025 - 12:00
To
Mon, 03/31/2025 - 12:00
Outcome Confidence
95%

Involved Entities

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