Case Summary
Plaintiffs are seeking a permanent prohibitory injunction against the first defendant to prevent obstruction in using a private road. The case involves disputes over property rights related to the E schedule private road.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction against the first defendant regarding the use of the E schedule private road.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
Plaintiffs established their case by unchallenged evidence showing their absolute possession and enjoyment of the relevant properties.
Plaintiffs established their case by unchallenged evidence showing their absolute possession and enjoyment of the relevant properties.
Judgment Evidence:
In the result all issues are answered in favour of plaintiffs. In the result, suit is decreed on the following terms. 1)1st defendant is restrained by a permanent prohibitory injunction obstructing plaintiff from using the plaint E schedule private road starting from southern EVRA road to northern Edappally thodu.
Parties Involved
Plaintiffs
Prajeesh Peter (37 years years)
Karinganampallil house, Palangara.P.O., Karulai Village of Nilampoor Taluk, Malappuram District, Pin 679 330
Amith Mohan (33 years years)
32/719B, Elavungal Road, Paliraivattom.P.O., Edappilly South Village of Kanayannur Taluk, Pin – 682 025
Vineetha.G.Nair (33 years years)
32/719B, Elavungal Road, Paliraivattom.P.O., Edappilly South Village of Kanayannur Taluk, Pin – 682 025
Smith.S.Raj (37 years years)
C5, Block-1,Galaxy Ebony Grove, Madavan Lane, Alinchuvadu, Vennala.P.O, Edappilly South Village of Kanayannur Taluk, Pin – 682 028
Geethu Rajan.S (34 years years)
C5, Block-1, Galaxy Ebony Grove, Madavan Lane, Alinchuvadu, Vennala.P.O, Edappilly South Village of Kanayannur Taluk, Pin – 682 028
Defendants
Riyas (41 years years)
Kalappurackal House, Thrikkakara.P.O, Unity Road, Near Engineering College, Thrikkakkara North, Vadavucode, Ernakulam, Pin – 682 021
Unitac Energy Solutions (India) Pvt Ltd (Age not specified years)
Surya Gayathri, building no 32/8-B4/1, 2nd Floor, Puthiya Road, New Junction, Ernakulam Bye Pas road, Thammanam.P.O., Edappilly South Village of Kanayannur Taluk, Pin – 682 023
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Permanent prohibitory injunction restraining the 1st defendant from obstructing the plaintiffs from using the plaint E schedule private road.
Evidence:
1st defendant is restrained by a permanent prohibitory injunction obstructing plaintiff from using the plaint E schedule private road starting from southern EVRA road to northern Edappally thodu.
Relief Type:
Costs
Outcome:
Granted
Description:
The 1st defendant is directed to pay costs of the suit to the plaintiffs.
Evidence:
1st defendant is directed to pay costs of the suit to plaintiff.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Sale deed no.1756/2019 establishes the plaintiffs' ownership of the property.
Reference:
Ext.A1
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Sale deed no.1770/2019 indicates that the plaint B schedule property belongs to the 2nd and 3rd plaintiffs.
Reference:
Ext.A2
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Sale deed no.1757/2019 is part of the plaintiffs' evidence for property ownership.
Reference:
Ext.A3
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Sale deed no.1769/2019 shows ownership of the plaint D schedule property by the 6th and 7th plaintiffs.
Reference:
Ext.A4
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Tax receipt demonstrates ownership and payment for the property related to the suit.
Reference:
Ext.A5
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Tax receipt supports the plaintiffs' claim of ownership and responsibility for the property.
Reference:
Ext.A6
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Tax receipt further corroborates the plaintiffs' ownership of the property.
Reference:
Ext.A7
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report outlines the nature and layout of the plaint properties and access.
Reference:
Ext.C1
Document Type:
Rough Sketch
Submitted By:
Court
Relevance:
Rough sketch was submitted alongside the commission report, illustrating the properties.
Reference:
Ext.C1(a)