O.S. No. 95/2021

Case between Padmini et al vs Suresh et al regarding injunction and other reliefs

Court

COURT OF THE MUNSIFF, PERUMBAVOOR

Judge

Smt. Sumey Chandran

Order Date

2025-03-11

Duration

Judgement document from eCourt website

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Case Summary

The case involves Padmini and Thankappan as plaintiffs seeking an injunction related to the use of a roadway. The defendants, including Suresh and Jayan, dispute the claim and contend that the plaintiffs have no right over the way in question.

Judgment Outcome

Plaintiff Won

Interim Order

The court has appointed an Advocate commissioner and a surveyor to assist in demarcating the disputed roadway. The petitioners will be allowed to prove their claims regarding the property.

Judgment Favored

Plaintiff

Relief Granted

Appointment of Advocate commissioner and surveyor for property demarcation

Case Type

Injunction

Final Judgment

Why Plaintiff Won:
The court found it necessary to allow evidence collection and to ensure fair adjudication regarding the roadway in dispute.

Judgment Evidence:

Therefore, it is necessary to demarcate the way portion in existence in place and to note the way portion as referred to in the asset register so as to have a fair adjudication of the suit.

Parties Involved

Plaintiffs

Padmini (61 years years) Aneesh Nilayam (Manickapottayil) House, Vengola Kara, Vengola Village, Kunnathunadu Taluk Thankappan (65 years years) Aneesh Nilayam (Manickapottayil) House, Vengola Kara, Vengola Village, Kunnathunadu Taluk

Defendants

Suresh (37 years years) Kuruvanparambil House, Allapara P.O., Vengola Kara, Vengola Village, Kunnathunad Taluk, Pin-683556 Jayan (57 years years) Nakkilikkattu House, Echingamattom, Allapra P.O., Vengola Kara, Vengola Village, Kunnathunad Taluk, Pin-683556 Manoj N.N. (49 years years) Nakkilikkattu House, Echingamattom, Allapra P.O., Vengola Kara, Vengola Village, Kunnathunadu Taluk, Pin-683556 Vinoj N.N. (46 years years) Nakkilikkattu House, Echingamattom, Allapra P.O., Vengola Kara, Vengola Village, Kunnathunadu Taluk, Pin-683556 Viswambharan (67 years years) Nakkilikattu House, Echingamattom, Allapra P.O., Vengola Kara, Vengola Village, Kunnathunadu Taluk, Pin-683556

Reliefs

Relief Type: Injunction

Outcome: Partly Granted

Description:

The petitioners sought an injunction to measure and demarcate the plaint B schedule way.

Evidence:

Opportunity should be given to the petitioners to prove their case and for collection of evidence in support of their claim.

Documents & Evidence

Document Type: Order

Submitted By: Unknown

Relevance:

The court order discusses the application to appoint an Advocate Commissioner and a surveyor to measure and demarcate a public road.

Reference: