Case Summary
This case involves Minikumari and her son Akashravi against Vishal and Vivek regarding the obstruction of a pathway. The plaintiffs seek a permanent injunction to prevent the defendants from trespassing and closing down the pathway that serves as access to their property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendants and their men are restrained from trespassing into the plaint A schedule property and obstructing the plaint B schedule pathway.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiffs, with costs. The counterclaim by the defendants is dismissed for default.
Why Plaintiff Won:
The plaintiffs successfully demonstrated their entitlement to the pathway and evidential support through the documents and testimonies.
The plaintiffs successfully demonstrated their entitlement to the pathway and evidential support through the documents and testimonies.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The plaintiffs were able to prove their right to the pathway through documentary evidence and witness statements, establishing their peaceful and uninterrupted use since 1989.
Judgment Evidence:
In the result, the suit is decreed with costs and the counter claim is dismissed for default.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Minikumari
- Party Age
- 42
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Akashravi
- Party Age
- 19
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Vishal
- Party Age
- 35
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Vivek
- Party Age
- 33
- Relation
- S/o
Plaintiffs Documents
Certified copy of Sale Deed No. 1022/2004 of Kottiyam S.R.O., Land Tax Receipt.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- D.Baiju Kumar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- S.Renjith Kumar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Injakkal D.Pramod Kumar
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Restraining the defendants and their men from trespassing into the plaint A schedule property and from obstructing the plaint B schedule pathway.
Evidence:
The defendants and their men are restrained from trespassing into the plaint A schedule property, from causing any obstruction to the peaceful enjoyment of the plaint B schedule pathway by the plaintiffs and their family members.
Relief Type:
Recovery
Outcome:
Granted
Description:
Entitlement to recover the costs of the suit from the defendants.
Evidence:
The plaintiffs are also entitled to recover the costs of the suit from the defendants.
Relief Type:
Permanent Injunction
Outcome:
Refused
Description:
Counter claim for fixation of boundary and injunction by the defendants.
Evidence:
These issues are found against the defendants/counter claim plaintiffs.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of sale deed No. 1022/2004 of Kottiyam SRO showing the plaintiffs' title and possession over the plaint A schedule property.
Reference:
Ext.A1
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Land tax receipt dated 27/01/2016 issued in the name of the plaintiffs, confirming their possession of the plaint A schedule property.
Reference:
Ext.A2
Document Type:
Commission Report
Submitted By:
Court
Relevance:
The court commission report prepared and submitted by Advocate Commissioner Nisha L. Prakash, identifying the plaint A and B schedule properties.
Reference:
Ext.C1
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Case Code
OS.NO.
Case Code Year
2016