Case Summary
The plaintiffs, M.V Christopher and others, filed a suit against the defendant, Antony @ Joseph, for a permanent prohibitory injunction to prevent him from obstructing the drainage canal that flows from their properties. The defendant contested the claim, asserting that the plaintiffs had no rights over the drainage canal.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction against the defendant from filling the drainage canal
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The plaintiffs have enjoyed the right to drain water through the canal without interruption for over 50 years.
The plaintiffs have enjoyed the right to drain water through the canal without interruption for over 50 years.
Judgment Evidence:
In the result, the suit is decreed as follows: A) The defendant and his men are restrained by way of permanent prohibitory injunction from filling the plaint B schedule drainage canal and to cause obstruction for the free flow of rainy and drainage water through it from plaint A schedule properties.
Parties Involved
Plaintiffs
M.V Christopher (64 years)
Mathirappilly House, Vishnupuram, Cheranelloore Village, Kanayannoor Taluk, Cheranelloore P.O, Pin 682034
Rejeesh.J (43 years)
Rethnalayam, Vishnupuram, Cheranelloore Village, Kanayannoor Taluk, Cheranelloore P.O, Pin 682 034
Sajitha M.R (53 years)
Pandarapattathil House, Vishnupuram, Cheranelloore Village, Kanayannoor Taluk, Cheranelloore P.O, Pin 682 034
Treasa Siji Bertin (49 years)
Thannippilly House, Vishnupuram, Cheranelloore Village, Kanayannoor Taluk, Cheranelloore P.O, Pin 682 034
Defendants
Antony @ Joseph (64 years)
Pazhanilath House, Vishnupuram, Cheranelloore Village, Kanayannoor Taluk, Cheranelloore P.O, Pin 682 034
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Restraining the defendant from filling the plaint B schedule drainage canal and causing obstruction to the drainage flow.
Evidence:
In the result, the suit is decreed as follows: A) The defendant and his men are restrained by way of permanent prohibitory injunction from filling the plaint B schedule drainage canal and to cause obstruction for the free flow of rainy and drainage water through it from plaint A schedule properties.
Documents & Evidence
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Demonstrates the 1st plaintiff's ownership of 50 cents of property.
Reference:
Ext.A1
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Proves the 2nd plaintiff's ownership of 1.85 Ares of property.
Reference:
Ext.A2
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Indicates the 3rd plaintiff's acquisition of 1.64 Ares of property from the 1st plaintiff.
Reference:
Ext.A3
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Shows that the 4th plaintiff obtained 1.83 Ares of property from the 1st plaintiff.
Reference:
Ext.A4
Document Type:
Sale deed
Submitted By:
Defendant
Relevance:
Establishes the defendant's ownership of property through sale deed.
Reference:
Ext.B1
Document Type:
Survey Sketch
Submitted By:
Defendant
Relevance:
Related to the property in question, subject to proof.
Reference:
Ext.B2
Document Type:
Property Relinquishment Document
Submitted By:
Defendant
Relevance:
Details the surrender of property by Christopher, subject to proof.
Reference:
Ext.B3
Document Type:
Land Tax Receipt
Submitted By:
Defendant
Relevance:
Confirms the tax status of the defendant's property.
Reference:
Ext.B4
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Provides evidence on the condition and layout of the properties in dispute.
Reference:
Ext.C1
Document Type:
Photographs
Submitted By:
Court
Relevance:
Visual evidence related to the commission report.
Reference:
Ext.C1(a)