Case Summary
Mohanan filed a suit against Abhilash and others seeking a permanent prohibitory injunction regarding a pathway that he claims is a public road. The defendants are accused of trying to convert this public pathway into a private road.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction against trespassing into the plaint schedule No.2 property.
Case Type
Civil Suit
Final Judgment
No
The court dismissed O.S No. 22/2022 and decreed O.S No. 199/2022, granting a permanent prohibitory injunction against the defendant from trespassing and obstructing the plaintiff's beneficial enjoyment of the property.
Why Plaintiff Won:
The plaintiff failed to prove that he has any exclusive right over the plaint schedule No.2 property.
The plaintiff failed to prove that he has any exclusive right over the plaint schedule No.2 property.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
It is clear that the way commences from the public road to the south, and it proceeds north and terminates at the house of the defendant. The plaintiff could not prove that schedule No.2 property is a public road being used by the public from time immemorial.
Judgment Evidence:
In the result, the OS No.22/2022 is dismissed, and OS No.199/2022 is decreed as follows: (1) The defendant and men under him are hereby restrained by a decree of permanent prohibitory injunction from trespassing into the plaint schedule No.2 property and construction of plaint schedule item No.2 into a road and beneficial enjoyment of the plaint schedule item No.2 property as a road.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Mohanan
- Party Age
- 71
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Abhilash
- Party Age
- 48
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Subhash
- Party Age
- 45
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Martin
- Party Age
- 42
- Relation
- S/o
Plaintiffs Documents
Certified copy of Partition Deed No. 316/1984, Land Revenue Tax receipt No. KL05041105896/2021
Defendants Documents
Will Deed No. 66/III/2020, Settlement Deed No. 74/2022, Bill from Pazhayampallil Earth Movers, Land Revenue tax receipt No. KL05041107737/2021, Land Revenue tax receipt No. KL05041103852/2023, Letter received from Police Station, Pala, Caveat OP filed before the Munsiff’s Court, Pala, Site Plan received from SRO, Meenachil
Advocates
- Party Role
- Plaintiff
- Advocate Name
- K. R Sreenivasan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- S. Rajesh
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sunny Mathew
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sam Sunny
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Refused
Description:
The plaintiff sought a permanent injunction to prevent the defendant from obstructing the road.
Evidence:
The Issues Nos. 1 and 2 in OS No. 22/2022 are found against the plaintiff.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
The plaintiff in OS No. 199/2022 sought a prohibitory injunction against the defendant from trespassing into the plaint schedule property and obstructing the road construction.
Evidence:
The plaintiff succeeded in proving that he is having title and possession over the plaint schedule Nos. 1 and 2 properties and the defendant failed to adduce any evidence to prove that he is having any right over the plaint schedule item Nos. 1 and 2 properties.
Documents & Evidence
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Partition Deed No. 316/1984 of SRO, Meenachil which shows the plaintiff's title to the property.
Reference:
Ext.A1
Document Type:
Land Revenue Tax Receipt
Submitted By:
Plaintiff
Relevance:
Land Revenue Tax receipt No. KL05041105896/2021 indicating payment related to the property.
Reference:
Ext.A2
Document Type:
Will Deed
Submitted By:
Defendant
Relevance:
Will Deed No. 66/III/2020 of SRO, Meenachil reflecting the defendant's claim to the property.
Reference:
Ext.B1
Document Type:
Settlement Deed
Submitted By:
Defendant
Relevance:
Settlement Deed No. 74/2022 of SRO, Meenachil pertaining to defendant's property.
Reference:
Ext.B2
Document Type:
Bill
Submitted By:
Defendant
Relevance:
Bill from Pazhayampallil Earth Movers SR. No. 805, relevant to expenses incurred by the defendant.
Reference:
Ext.B3
Document Type:
Land Revenue Tax Receipt
Submitted By:
Defendant
Relevance:
Land Revenue tax receipt No. KL05041107737/2021 related to the defendant's property.
Reference:
Ext.B4
Document Type:
Land Revenue Tax Receipt
Submitted By:
Defendant
Relevance:
Land Revenue tax receipt No. KL05041103852/2023 concerning property tax.
Reference:
Ext.B5
Document Type:
Letter
Submitted By:
Defendant
Relevance:
Letter received from Police Station, Pala relevant to the case.
Reference:
Ext.B6
Document Type:
Application
Submitted By:
Defendant
Relevance:
Copy of application to Police Station, Pala pertaining to the case.
Reference:
Ext.B6(a)
Document Type:
Caveat OP
Submitted By:
Defendant
Relevance:
Caveat OP filed before the Munsiff’s Court, Pala indicating legal proceedings.
Reference:
Ext.B7
Document Type:
Site Plan
Submitted By:
Defendant
Relevance:
Site Plan received from SRO, Meenachil illustrating the property layout.
Reference:
Ext.B8
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report filed by Adv. Commissioner Smt. Neenu Elizabeth Sebastian providing evidence on the property condition.
Reference:
Ext.C1
Document Type:
Rough Sketch
Submitted By:
Court
Relevance:
Rough Sketch filed by Adv. Commissioner Smt. Neenu Elizabeth Sebastian related to the commission report.
Reference:
Ext.C1(a)
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission Report filed by Adv. Emmanuel Cyriac containing findings on the property issue.
Reference:
Ext.C2
Document Type:
Rough Sketch
Submitted By:
Court
Relevance:
Rough Sketch filed by Adv. Commissioner Emmanuel Cyriac accompanying the commission report.
Reference:
Ext.C2(a)
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Pala
Common Reasons
Case Code
Case between Mohanan vs Abhilash et al regarding permanent prohibitory injunction
Case Code Year
Case between Mohanan vs Abhilash et al regarding permanent prohibitory injunction