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O.S No.449/2014

Case between N.A.George et al vs T.C. Ipe et al regarding declaration and injunction

Court
Principal Munsiff's Court, Kottayam
Judge
Smt. Jyothi Babu R.
Order Date
2025-01-31
Duration
approximately-10 years 6 months
Case Closed
Fri, 01/31/2025 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

The plaintiffs, N.A.George and Sreedharan Kunjukunju, are seeking a declaration of their right to a public road and an injunction against the defendants, T.C. Ipe, Vineeth Ipe, and Ammukutty Korulla, who have allegedly obstructed access to the road. The case revolves around property and road ownership disputes.

Judgment Outcome

Plaintiff Won
Interim Order
The court partially decreed the suit, declaring the plaintiffs' right to the B schedule road as a public road and ordered the removal of a granite structure obstructing the road by the defendants.
Judgment Favored
Plaintiff
Relief Granted
Defendants directed to remove the granite kayyala within 3 months.
Case Type
Civil Suit
Final Judgment
No
The court partially decreed the suit, declaring the plaintiffs' right to the B schedule road as a public road and ordered the removal of a granite structure obstructing the road by the defendants.
Why Plaintiff Won:
The court established that the plaintiffs have a legitimate right to access the public road, supported by documentation and testimony.
Losing Side's Weaknesses:
The court established that the plaintiffs have a legitimate right to access the public road, supported by documentation and testimony.
Supporting Evidence
The plaintiffs provided evidence that the B schedule road, being a public road, was obstructed by the defendants, warranting legal intervention.

Judgment Evidence:

In the result, The suit is decreed in part, as follows; 1) It is hereby declared that the plaintiffs have right over the plaint B schedule road, being a public road. 2) The defendants are hereby directed to remove the plaint D schedule granite kayyala, within a period of 3 (three) months from today.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
N.A.George
Party Age
65
Relation
S/o
Party Role
Plaintiff
Party Name
Sreedharan Kunjukunju
Party Age
72
Relation
S/o
Party Role
Defendant
Party Name
T.C. Ipe
Party Age
62
Relation
S/o
Party Role
Defendant
Party Name
Vineeth Ipe
Party Age
33
Relation
S/o
Party Role
Defendant
Party Name
Ammukutty Korulla
Party Age
69
Relation
D/o
Plaintiffs Documents
Sale deed No.179/94, Tax receipt dated 10.01.2014.
Defendants Documents
Copy of Will No.28/1987, Tax receipt.

Advocates

Party Role
Plaintiff
Advocate Name
K.Karjet
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Georgekutty C.A.
Appearance Type
Main Counsel

Reliefs

Relief Type: Declaration
Outcome: Granted
Description:
Declaration of right over plaint B schedule road, being a public road.
Evidence:
It is hereby declared that the plaintiffs have right over the plaint B schedule road, being a public road.
Relief Type: Mandatory Injunction
Outcome: Granted
Description:
Directing the defendants to remove the plaint D schedule granite kayyala.
Evidence:
The defendants are hereby directed to remove the plaint D schedule granite kayyala, within a period of 3 (three) months from today.
Relief Type: Permanent Injunction
Outcome: Granted
Description:
Restraining the defendants from closing or obstructing the plaint B schedule road.
Evidence:
The defendants and their men are hereby restrained by a decree of permanent prohibitory injunction from making any construction closing or obstructing the plaint B schedule road.
Relief Type: Other
Outcome: Dismissed
Description:
Counterclaim by the defendants.
Evidence:
The Counterclaim is dismissed.

Documents & Evidence

Document Type: Sale deed
Submitted By: Plaintiff
Relevance:
Exhibit A1 is the sale deed no.179/1994 whereby the plaintiff obtained plaint A schedule property having an extent of 17.80 Ares.
Reference:
Ext.A1
Document Type: Certified Copy of Re-survey Plan
Submitted By: Plaintiff
Relevance:
Exhibit A2 is the survey plan of Field No.318, showing that plaint B schedule property is lying as a road.
Reference:
Ext.A2
Document Type: Decree
Submitted By: Plaintiff
Relevance:
Exhibit A3 is a compromise decree passed in OS 567/11 where the plaint B schedule property is admitted as a public road.
Reference:
Ext.A3
Document Type: Tax receipt
Submitted By: Plaintiff
Relevance:
Exhibit A4, dated 10.01.2014, shows that the plaintiff was paying tax for plaint A schedule property.
Reference:
Ext.A4
Document Type: Basic Tax Register
Submitted By: Plaintiff
Relevance:
Exhibit A9 notes that the property comprised in Resurvey no.318/10 is lying as a road.
Reference:
Ext.A9
Document Type: Will
Submitted By: Defendant
Relevance:
Exhibit B1 is a copy of Will No.28/1987.
Reference:
Ext.B1
Document Type: Tax receipt
Submitted By: Defendant
Relevance:
Exhibit B2, dated 30.07.2024, is a tax receipt.
Reference:
Ext.B2
Document Type: FIR
Submitted By: Defendant
Relevance:
Exhibit B3 is a copy of FIR dated 23.06.2014.
Reference:
Ext.B3
Document Type: Commission Report
Submitted By: Court
Relevance:
Exhibit C1 series are reports prepared by the Advocate Commissioner regarding the property.
Reference:
Ext.C1
Document Type: Commission Report
Submitted By: Court
Relevance:
Exhibit C2 series includes a report prepared by the Advocate Commissioner who visited the property.
Reference:
Ext.C2

Case Classification

Case Type
Civil Suit
Category
Other Civil Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Common Reasons
Case Code
Case between N.A.George et al vs T.C. Ipe et al regarding declaration and injunction
Case Code Year
Case between N.A.George et al vs T.C. Ipe et al regarding declaration and injunction

Case Flags

Adalath Resolved

Quick Facts

Location
Kottayam
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Case Filed
Wed, 01/01/2014 - 12:00
Case Closed
Fri, 01/31/2025 - 12:00
From
Sun, 01/05/2025 - 12:00
To
Fri, 01/31/2025 - 12:00
Outcome Confidence
80%

Involved Entities

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