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
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.
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.
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.