Case Summary
Case involves plaintiff claiming right to use a way and take water from defendant's property. Defendant obstructed the plaintiff's use of the way. Court granted permanent injunction in favor of the plaintiff.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Case Type
Injunction
Final Judgment
No
Why Plaintiff Won:
Judgment Evidence:
The defendant and his men are restrained, by way of permanent prohibitory injunction, from causing any obstruction to the user of the way having an extent of 1.20 meter on extreme southern side of the defendant's property by the plaintiff and also restrained from taking water from the Well in the defendant's property by the plaintiff.
Parties Involved
Plaintiffs
Maniparambil Narayanan (66 Years years)
Kanmanam amsom, desom and post, Tirur Taluk, 676 556
Defendants
Maniparambil Ayyappan (75 Years years)
Kanmanam amsom, desom and post, Tirur Taluk, 676 556
Reliefs
Relief Type:
Injunction
Outcome:
Granted
Description:
Perpetual injunction restraining obstruction to the user of the way
Evidence:
Plaintiff's claim supported by Exbt. C1 and C2 reports
Relief Type:
Injunction
Outcome:
Granted
Description:
Perpetual injunction restraining construction of wall or fencing on defendant's property
Evidence:
Evidence of defendant's attempts to block the way
Documents & Evidence
Document Type:
Certified Copy of Jenm Assignment deed
Submitted By:
Plaintiff
Relevance:
Plaintiff's ownership of the plaint A schedule property
Reference:
Exbt. A1
Document Type:
Certified Copy of Jenm Assignment deed
Submitted By:
Plaintiff
Relevance:
Plaintiff's ownership of way through the defendant's property
Reference:
Exbt. A2
Document Type:
Certified Copy of Jenm Assignment deed
Submitted By:
Plaintiff
Relevance:
Original ownership by their mother Valli
Reference:
Exbt. A3
Document Type:
Certified Copy of Jenm Assignment deed
Submitted By:
Defendant
Relevance:
Defendant's documentation regarding property
Reference:
Exbt. B1
Document Type:
Certified Copy of Jenm Assignment deed
Submitted By:
Defendant
Relevance:
Defendant's property reference
Reference:
Exbt. B2
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Report on property inspection
Reference:
Exbt. C1
Document Type:
Plan
Submitted By:
Court
Relevance:
Sketch of the properties
Reference:
Exbt. C2
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Subsequent property inspection report
Reference:
Exbt. C3