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OS No 01/2023

Case between Pathrose et al vs Poulose et al regarding Permanent Prohibitory Injunction

Court
The Court of the Munsiff at Kolenchery
Judge
Smt. Sirsha. N.A.
Order Date
2023-07-14
Duration
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

The plaintiffs, Pathrose and George, are seeking a permanent prohibitory injunction against the defendants, Poulose and Kuriakose, concerning a pathway that is part of the property shared among family members. The plaintiffs claim that the defendants are trying to interfere with their right to use the pathway.

Judgment Outcome

Plaintiff Won
Interim Order
The court decreed that the defendants are permanently restrained from encroaching the plaintiffs' pathway and from causing any damage to it. The suit was decreed in favor of the plaintiffs as the defendants admitted to their claims.
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction against encroaching the pathway and causing damage.
Case Type
Civil Suit
Final Judgment
No
The court decreed that the defendants are permanently restrained from encroaching the plaintiffs' pathway and from causing any damage to it. The suit was decreed in favor of the plaintiffs as the defendants admitted to their claims.
Why Plaintiff Won:
The defendants admitted to the plaintiffs' claims in their written statements.
Losing Side's Weaknesses:
The defendants admitted to the plaintiffs' claims in their written statements.
Supporting Evidence
The defendants entered appearance and they filed written statements admitting the plaintiff's claim.

Judgment Evidence:

The defendants and their men are restrained by way of permanent prohibitory injunction from encroaching plaint B schedule road in which plaint C schedule forms a part. Further the defendants are to be restrained from reducing the width of said pathway and to commit any waste or to cause any damage to the plaint B schedule way.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Pathrose
Party Age
54
Relation
S/o
Party Role
Plaintiff
Party Name
George
Party Age
52
Relation
S/o
Party Role
Defendant
Party Name
Poulose
Party Age
65
Relation
S/o
Party Role
Defendant
Party Name
Kuriakose
Party Age
61
Relation
S/o
Plaintiffs Documents
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
M/s. M Y Saju, Surendran P K and Haritha Hariharan
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
P.P. Rajesh
Appearance Type
Main Counsel

Reliefs

Relief Type: Permanent Injunction
Outcome: Granted
Description:
Permanent prohibitory injunction restraining the defendants and their men from encroaching the B schedule road
Evidence:
The defendants and their men are restrained by way of permanent prohibitory injunction from encroaching plaint B schedule road in which plaint C schedule forms a part.
Relief Type: Permanent Injunction
Outcome: Granted
Description:
Restraining the defendants from reducing the width of the said pathway and causing any damage
Evidence:
Further the defendants are to be restrained from reducing the width of said pathway and to commit any waste or to cause any damage to the plaint B schedule way.

Documents & Evidence

Case Classification

Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Kolenchery
Common Reasons
Case Code
Case between Pathrose et al vs Poulose et al regarding Permanent Prohibitory Injunction
Case Code Year
Case between Pathrose et al vs Poulose et al regarding Permanent Prohibitory Injunction

Quick Facts

Location
Kolenchery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Kolenchery
Case Filed
Case Closed
From
Sun, 01/01/2023 - 12:00
To
Sun, 12/31/2023 - 12:00
Outcome Confidence
90%

Involved Entities

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