Case Summary
Mr. Bobby K. Cherian and his brother, Mr. Jose Tom C. Kandathil, are plaintiffs in a dispute over property rights with several defendants including Mr. Jose and Mrs. Thankamani. The case was settled through mediation, resulting in a joint decree that outlines payment and property use agreements.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiffs were granted right of way over the road.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The mediation agreement was deemed lawful and accepted by both parties.
The mediation agreement was deemed lawful and accepted by both parties.
Judgment Evidence:
The suits are jointly decreed as per the terms of the mediation agreement, incorporating the terms of mediation.
Parties Involved
Plaintiffs
Mr. Bobby K. Cherian (58 years)
Kandathil House, Kulasekharamangalam Village, Vaikom Taluk, Kottayam District 686 608
Mr. Jose Tom C. Kandathil (48 years)
Vallur Road, Poonithura Village, Kanayannur Taluk, Kochi 682 038
Defendants
Mr. Jose (52 years)
Villedath House, Chambakkara Church Road, Maradu Village, Kanayannur Taluk, Ernakulam District, PIN 682 304
Mrs. Thankamani (79 years)
Villedath House, Chambakkara Church Road, Maradu Village, Kanayannur Taluk, Ernakulam District PIN 682 304
Mr. Tony (49 years)
Villedath House, Chambakkara Church Road, Maradu Village, Kanayannur Taluk, Ernakulam District, PIN 682 304
Mr. Jojo (50 years)
Villedath House, Chambakkara Church Road, Maradu Village, Kanayannur Taluk, Ernakulam District, PIN 682 304
Reliefs
Relief Type:
Other
Outcome:
Granted
Description:
Right of way over the plaint B schedule road for the plaintiff upon payment of consideration.
Evidence:
The suits are jointly decreed as per the terms of the mediation agreement, incorporating the terms of mediation, as follows: I. The plaintiff in OS No. 91 of 2021 shall pay an amount of 20,00,000 towards sale consideration for the right of way over the Plaint B schedule road in OS No. 91 of 2021.
Relief Type:
Other
Outcome:
Granted
Description:
Maintenance and responsibility sharing for the road and drainage.
Evidence:
It shall be the responsibility of all the parties to maintain and keep the road and the drainage in good condition and the cost for the same shall be equally shared by all.
Relief Type:
Other
Outcome:
Granted
Description:
No obstruction from the defendants regarding the use of the plaint B schedule road.
Evidence:
No obstruction whatsoever shall be caused by the defendants in OS No. 91 of 2021 or their men to the use of the plaint B schedule road by the plaintiff and successors in interest.
Documents & Evidence
Document Type:
Mediation Agreement
Submitted By:
Court
Relevance:
The court decreed the suits jointly according to the terms of the mediation agreement.
Reference:
Document Type:
Document No. 1488 of 1971
Submitted By:
Defendant
Relevance:
This document is related to the right of way over the plaint B schedule road.
Reference:
Document Type:
Document No. 4255 of 1996
Submitted By:
Defendant
Relevance:
This document is also related to the right of way over the plaint B schedule road.
Reference:
Document Type:
Oral Evidence
Submitted By:
Unknown
Relevance:
Oral evidence was presented regarding the mediation process.
Reference: