Case Summary
Navilal, the plaintiff, is seeking a declaration that a particular pathway is his right for ingress and egress to his property, alleging that the defendant, Sivankutty, has been obstructing access. The plaintiff claims that these obstructions have caused significant inconvenience.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
It is declared that the plaint B schedule pathway is for the ingress and egress to plaint A schedule property and the defendant has no manner of right to make any obstruction or inconvenience to use the plaint B schedule pathway by the plaintiff and his men. The defendant and his men are permanently restrained from making any obstructions to the enjoyment of plaint B schedule pathway and plaint A schedule property by the plaintiff and his men or committing any waste therein. Plaintiff is also entitled to realise the costs of the suit from the defendants.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, confirming his right to use the pathway and restraining the defendant from making any obstructions. The plaintiff was also awarded costs of the suit.
Why Plaintiff Won:
The evidence of the plaintiff was unchallenged and established his right over the property and the pathway.
The evidence of the plaintiff was unchallenged and established his right over the property and the pathway.
Losing Side's Weaknesses:
The evidence of the plaintiff was unchallenged and established his right over the property and the pathway.
The evidence of the plaintiff was unchallenged and established his right over the property and the pathway.
Supporting Evidence
Here, the evidence of PW1 coupled with Ext. A1 and A2 and C1 series would prove the case of the plaintiff. The evidence before this court evince that the apprehension of the plaintiff regarding the obstruction of B schedule way by the defendant is well founded.
Judgment Evidence:
In the result, the suit is decreed with costs as follows: i. It is declared that the plaint B schedule pathway is for the ingress and egress to plaint A schedule property and the defendant has no manner of right to make any obstruction or inconvenience to use the plaint B schedule pathway by the plaintiff and his men. ii. The defendant and his men are permanently restrained from making any obstructions to the enjoyment of plaint B schedule pathway and plaint A schedule property by the plaintiff and his men or committing any waste therein. iii. Plaintiff is also entitled to realise the costs of the suit from the defendants.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Navilal
- Party Age
- 50
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sivankutty
- Party Age
- 50
Plaintiffs Documents
Photocopy of Sale Deed No. 1848/09 of Eravipuram S.R.O., Copy of Land Tax Receipt issued from Vadakkevila Village Office.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Poul Antony
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Prajeesh. P
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Suseela Poul
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Declaration
Outcome:
Granted
Description:
It is declared that the plaint B schedule pathway is for the ingress and egress to plaint A schedule property and the defendant has no manner of right to make any obstruction or inconvenience to use the plaint B schedule pathway by the plaintiff and his men.
Evidence:
It is declared that the plaint B schedule pathway is for the ingress and egress to plaint A schedule property and the defendant has no manner of right to make any obstruction or inconvenience to use the plaint B schedule pathway by the plaintiff and his men.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
The defendant and his men are permanently restrained from making any obstructions to the enjoyment of plaint B schedule pathway and plaint A schedule property by the plaintiff and his men or committing any waste therein.
Evidence:
The defendant and his men are permanently restrained from making any obstructions to the enjoyment of plaint B schedule pathway and plaint A schedule property by the plaintiff and his men or committing any waste therein.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff is also entitled to realise the costs of the suit from the defendants.
Evidence:
Plaintiff is also entitled to realise the costs of the suit from the defendants.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of sale deed No. 1848/2009 of Eravipuram SRO shows that the plaintiff is the absolute owner in possession of plaint A schedule property.
Reference:
Ext.A1
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Land Tax receipt dated 08/05/2017 shows the plaintiff mutated the property in his name and remitting land tax also.
Reference:
Ext.A2
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report prepared and submitted by Adv. Jijith Sree P.S. consists of the report, mahazar, and rough sketch identifying the plaint schedule property and its boundaries.
Reference:
Ext.C1 series
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Case Code
Case between Navilal vs Sivankutty regarding Declaration and Permanent Prohibitory Injunction.
Case Code Year
Case between Navilal vs Sivankutty regarding Declaration and Permanent Prohibitory Injunction.