Case Summary
This case involves a petition filed by the third defendant seeking a modification of an interim injunction order in favor of the plaintiffs. The petitioners argue that due to poor conditions of the pathway, temporary maintenance is required for an upcoming religious procession.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permission to undertake temporary maintenance of the pathway.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The court found that the maintenance was necessary for the conduct of a religious event and would not affect the parties' rights in the main suit.
The court found that the maintenance was necessary for the conduct of a religious event and would not affect the parties' rights in the main suit.
Judgment Evidence:
In the result, the petition is allowed subject to the following conditions: The petitioner is permitted to carry out temporary maintenance over the plaint schedule pathway, including levelling and laying of gravel, quarry waste, or similar non-permanent materials, strictly for the purpose of conducting the religious procession on 15th August 2025.
Parties Involved
Plaintiffs
Mary (Age not specified years)
Arackal House, Iringole Kara, Perumbavoor Village, Kunnathunad Taluk.
Sunny P.K. (Age not specified years)
Pathickal House, Rayamangalam Kara, Rayamangalam Village, Kunnathunad Taluk.
Reji P. Varghese (Age not specified years)
Areeckal Pangot House, Kombanad Kara, Kombanad Village, Kunnathunad Taluk.
Defendants
Kuruppampady Marthamariyam Ya. Su. Cath. (Age not specified years)
Kuruppampady Kara, Rayamangalam Village, Kunnathunad Taluk.
Marthamariyam Yacobaya Suriyani Cathedral (Age not specified years)
Kuruppampady, Kuruppampady Kara, Rayamangalam Village, Kunnathunad Taluk.
Marthamariyam Yacobaya Suriyani Cathedral (Age not specified years)
Kuruppampady, represented by Eldho Tharakan, Kallarakkal House, Rayamangalam Kara, Rayamangalam Village.
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
The petitioner is granted permission to carry out temporary maintenance over the plaint schedule pathway for the religious procession on 15th August 2025.
Evidence:
The petitioner is permitted to carry out temporary maintenance over the plaint schedule pathway, including levelling and laying of gravel, quarry waste, or similar non-permanent materials, strictly for the purpose of conducting the religious procession on 15th August 2025.
Documents & Evidence
Document Type:
Commissioner Report
Submitted By:
Court
Relevance:
The court examined materials on record, including the Commissioner’s report, to assess the condition of the pathway.
Reference:
Document Type:
Photographs
Submitted By:
Unknown
Relevance:
The court took into consideration photographs of the pathway's condition during its deliberation.
Reference: