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O.S No. 142/2021

Case between Nicolas P Dias et al vs M.K.Aboobacker et al regarding permanent prohibitory injunction

Court
COURT OF THE MUNSIFF, ERNAKULAM
Judge
Sri. Nanda Krishna M.
Order Date
2025-08-04
Duration
Case Closed

Judgement document from eCourt website

Judgment Document
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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

Plaintiff Won
Interim Order
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.
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.
Losing Side's Weaknesses:
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

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Case Closed
From
Fri, 08/01/2025 - 12:00
To
Sun, 08/31/2025 - 12:00
Outcome Confidence
80%

Involved Entities

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