Case Summary
Nicolas P Dias and Mercy Simenthy have filed a case against M.K.Aboobacker and others for a permanent prohibitory injunction to prevent obstruction on a road they use. They argue that the defendants unlawfully obstructed necessary gas and water pipeline installations.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permission to carry out necessary works in plaint B schedule road.
Case Type
Civil Suit
Final Judgment
No
The court allowed the petition of the plaintiffs, granting them permission to draw gas and water pipelines through the disputed road. The defendants were restrained from causing any obstruction.
Why Plaintiff Won:
The plaintiffs demonstrated a bona fide need for the pipelines and the right to access the road.
The plaintiffs demonstrated a bona fide need for the pipelines and the right to access the road.
Losing Side's Weaknesses:
The plaintiffs demonstrated a bona fide need for the pipelines and the right to access the road.
The plaintiffs demonstrated a bona fide need for the pipelines and the right to access the road.
Supporting Evidence
It can be seen that the Hon'ble High Court has granted liberty to the petitioner hearing to move this court for seeking the remedy of an intention restraining the respondents from obstructing the petitioner herein from drawing a gas pipeline or water pipeline through plaint B schedule property.
Judgment Evidence:
Hence the petition is allowed. Petitioner is granted permission to carry out necessary works in plaint B schedule road as stated in the affidavit.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Nicolas P Dias
- Party Age
- 75
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Mercy Simenthy
- Party Age
- 66
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- M.K.Aboobacker
- Party Age
- 59
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- M.K.Ummer
- Party Age
- 57
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- M.K.Abdul Salam
- Party Age
- 46
- Relation
- S/o
Plaintiffs Documents
G-pay receipt with transaction IDs, letter issued by the Assistant Engineer to the 1st plaintiff, copy of the order in IA 1/25 in RSA 266/21 of Hon'ble High Court of Kerala.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- V.N.Sankerjee
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- V.N.Madhusudanan
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Keerthi B Chandran
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- C.S.Ajith Prakash
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- T.K.Devarajan
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Nikhita Ann Rebello
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Adesh Joshi
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Interim prohibitory injunction restraining the respondents from obstructing the petitioners or the officers or workers of the Indian Oil Adani Gas Pvt. Ltd. or Kerala Water Authority in drawing gas pipeline and water pipeline through plaint B scheduled road.
Evidence:
Hence the petition is allowed. Petitioner is granted permission to carry out necessary works in plaint B schedule road as stated in the affidavit.
Documents & Evidence
Document Type:
G-pay Receipt
Submitted By:
Plaintiff
Relevance:
Printout of the G-pay receipt with transaction ID 512008439045 for the payment of Rs. 2,118/-.
Reference:
Ext.A1
Document Type:
G-pay Receipt
Submitted By:
Plaintiff
Relevance:
Printout of the G-pay receipt with transaction ID 512061939518 for the payment of Rs. 1,118/-.
Reference:
Ext.A2
Document Type:
Letter
Submitted By:
Plaintiff
Relevance:
Letter issued by the Assistant Engineer to the 1st plaintiff.
Reference:
Ext.A3
Document Type:
Court Order
Submitted By:
Plaintiff
Relevance:
Copy of the order in IA 1/25 in RSA 266/21 of Hon'ble High Court of Kerala.
Reference:
Ext.A4
Document Type:
Email Printout
Submitted By:
Plaintiff
Relevance:
Printout of the email along with certificate under section 63(4) of the Bharatiya Sakshya Adhiniyam, 2023.
Reference:
Ext.A5
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission Report filed by Adv. Suresh Kumar.
Reference:
Ext.C1
Document Type:
Photographs
Submitted By:
Court
Relevance:
Photographs (5 nos) showing the actual state of affairs at the property.
Reference:
Ext.C1(a) series
Case Classification
Case Type
Civil Suit
Category
Injunction and Access Rights
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between Nicolas P Dias et al vs M.K.Aboobacker et al regarding permanent prohibitory injunction
Case Code Year
Case between Nicolas P Dias et al vs M.K.Aboobacker et al regarding permanent prohibitory injunction