Case Summary
Nisha Suresh is the plaintiff seeking a permanent prohibitory injunction against Kurian Thomas @ Baby and others, alleging obstruction in her use of a cartable way leading to her property. The defendant denied the allegations and filed a counterclaim.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendants shall not cause obstruction to the user of the plaint schedule item no.2 way (having a width of 3.5 feet) by the plaintiff.
Case Type
Civil Suit
Final Judgment
No
The court has decreed the suit in favor of the plaintiff, granting a permanent prohibitory injunction against the defendants from obstructing the use of the pathway.
Why Plaintiff Won:
The plaintiff successfully established her claim regarding the use of the pathway.
The plaintiff successfully established her claim regarding the use of the pathway.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The plaintiff could establish that plaint schedule item no.2 way, having a width of 3.5 feet, is in existence.
Judgment Evidence:
In the result, O.S.838/2017 is dismissed and O.S.827/2017 is decreed as follows: 1. The defendants shall not cause obstruction to the user of the plaint schedule item no.2 way (having a width of 3.5 feet) by the plaintiff. 2. There is no order as to costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Nisha Suresh @ Nisha A K
- Party Age
- 37
- Relation
- W/o Suresh
- Party Role
- Defendant
- Party Name
- Kurian Thomas @ Baby
- Party Age
- 65
- Relation
- S/o Thomas
- Party Role
- Defendant
- Party Name
- Biji
- Party Age
- 39
- Relation
- S/o Kurian Thomas
- Party Role
- Defendant
- Party Name
- Aleyamma Kurian @ Molly
- Party Age
- 63
- Relation
- W/o Kurian Thomas @ Baby
- Party Role
- Defendant
- Party Name
- Beena Girishkumar
- Party Age
- 46
- Relation
- W/o Girishkumar
Plaintiffs Documents
Sale Deed number 490/2007, Land Tax Receipt of Plaint Schedule property
Defendants Documents
Copy of the Resurvey Plan of Field no. 295, Certified copy of Sale Deed no. 455/2005 executed in favour of Kurian Thomas
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Vijimon Kuruvilla
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Rayin K R
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Siby Jacob Pampady
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
The defendants were restrained from causing obstruction to the use of the plaint schedule item no.2 way by the plaintiff.
Evidence:
Considering the apprehension of the plaintiff that the defendants would cause obstruction to the user of the plaint schedule item no.2 property, relief of permanent prohibitory injunction can be allowed.
Relief Type:
Mandatory Injunction
Outcome:
Refused
Description:
The plaintiff sought to enforce actions against the defendants for encroachment.
Evidence:
The prayer for mandatory injunction cannot be allowed. Issues found accordingly.
Relief Type:
Fixation of Boundary
Outcome:
Refused
Description:
The plaintiff requested the boundary to be fixed between the properties.
Evidence:
As Ext.C4 plan cannot be relied on, relief for fixation of boundary cannot be allowed.
Relief Type:
Declaration
Outcome:
Refused
Description:
The plaintiff sought a declaration over the plaint schedule property.
Evidence:
relief of declaration of title over plaint schedule 4 property (scheduled as plaint item no.3 property in the O.S.838/2017) cannot be allowed.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
This document proves the ownership in possession of the plaintiff over the plaint schedule item no.1 property.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
This document shows that the plaintiff was paying tax for the property in question.
Reference:
Ext.A2
Document Type:
Resurvey Plan
Submitted By:
Defendant
Relevance:
This document is related to the boundary and measurement of the defendant's property.
Reference:
Ext.B1
Document Type:
Sale deed
Submitted By:
Defendant
Relevance:
This document establishes the extent of property obtained by the first defendant.
Reference:
Ext.B2
Document Type:
Partition Deed
Submitted By:
Defendant
Relevance:
This document may relate to the distribution of property among co-owners.
Reference:
Ext.B3
Document Type:
Possession Certificate
Submitted By:
Defendant
Relevance:
This document certifies the possession status of the defendants.
Reference:
Ext.B4
Document Type:
Tax receipt
Submitted By:
Defendant
Relevance:
This document shows that the defendants were paying tax for their property.
Reference:
Ext.B5
Document Type:
Commission Report
Submitted By:
Court
Relevance:
This report details the findings of the Advocate Commissioner regarding the condition of the properties.
Reference:
Ext.C1
Document Type:
Commission Report
Submitted By:
Court
Relevance:
This report provides insights into the properties following the second commissioner's visit.
Reference:
Ext.C2
Document Type:
Commission Report
Submitted By:
Court
Relevance:
This report from a subsequent commissioner further clarifies the boundary and possession issues at hand.
Reference:
Ext.C4
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 Nisha Suresh @ Nisha A K vs Kurian Thomas @ Baby et al regarding permanent prohibitory injunction
Case Code Year
Case between Nisha Suresh @ Nisha A K vs Kurian Thomas @ Baby et al regarding permanent prohibitory injunction