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
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.
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.
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