Case Summary
The plaintiffs, Prakasan and Varun, are seeking a permanent prohibitory injunction against the defendant, Thulasi, who allegedly obstructed their access to a path leading to their properties. The court was asked to address issues of encroachment and wrongful obstruction by the defendant.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendant is directed to remove the lock on the gate and is restrained from trespassing and causing obstruction to the plaintiffs.
Case Type
Civil Suit
Final Judgment
No
The court decreed in part, directing the defendant to remove the lock on the gate leading to the path and restraining her from obstructing the plaintiffs' access.
Why Plaintiff Won:
The plaintiffs proved their entitlement to the path without obstruction.
The plaintiffs proved their entitlement to the path without obstruction.
Losing Side's Weaknesses:
The plaintiffs proved their entitlement to the path without obstruction.
The plaintiffs proved their entitlement to the path without obstruction.
Supporting Evidence
Going through the commission reports and survey plan it can be seen that the PW2 commissioner had identified the properties.
Judgment Evidence:
In the result, suit is decreed in part with costs as follows: 1. The defendant is directed to remove the lock on the gate situated on the entrance portion of the plaint schedule item No.1 property from the plaint schedule item No.3 way denoted with letters KJ in Ext.C2(a) plan within one month from the date of decree.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Prakasan
- Party Age
- 66
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Varun
- Party Age
- 29
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Thulasi
- Party Age
- 75
- Relation
- W/o
Plaintiffs Documents
Certified copy of sale deed No.316/1/19, Certified copy of sale deed No.1564/1982, Land Tax Receipt No. KL 05051402881/2019, Land Tax Receipt No. KL 05051401376/2019
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- D.Subhash Chandranm
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Anjana Lakshmi
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Feba Elma Varghese
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
Direction to the defendant to remove the lock from the gate at item No.3 way.
Evidence:
The defendant is directed to remove the lock on the gate situated on the entrance portion of the plaint schedule item No.1 property from the plaint schedule item No.3 way denoted with letters KJ in Ext.C2(a) plan within one month from the date of decree.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Restraining the defendant from trespassing and obstructing the plaintiffs on plaint schedule properties.
Evidence:
The defendant is restrained from trespassing on the plaint schedule item No.1 & 2 properties, causing obstruction to the plaintiffs from using plaint schedule item No.3 way.
Relief Type:
Damages
Outcome:
Refused
Description:
Claim for damages of Rs.75,000/- due to the locking of the gate.
Evidence:
Hence, I am of the view that the plaintiff is not entitled to get a decree for damages as prayed for.
Relief Type:
Mandatory Injunction
Outcome:
Refused
Description:
Request to remove the water pipeline from plaint schedule item No.3 way.
Evidence:
Hence, I am of the view that plaintiffs are not entitled to get a mandatory injunction directing the defendant to remove plaint schedule item No.4 pipe line.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of sale deed No.316/1/19 establishing ownership of item No.1 property.
Reference:
Ext.A1
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of sale deed No.1564/1982 establishing ownership of item No.2 property.
Reference:
Ext.A2
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Land tax receipt establishing payment of tax for item No.1 property.
Reference:
Ext.A3
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Land tax receipt establishing payment of tax for item No.2 property.
Reference:
Ext.A3(a)
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Urgent commission report filed regarding property boundary.
Reference:
Ext.C1
Document Type:
Commission sketch
Submitted By:
Court
Relevance:
Rough sketch prepared as part of the commission report.
Reference:
Ext.C1(a)
Document Type:
Survey Commission Report
Submitted By:
Court
Relevance:
Survey commission report filed regarding property demarcation.
Reference:
Ext.C2
Document Type:
Survey Plan
Submitted By:
Court
Relevance:
Survey plan prepared by surveyor as part of the survey commission report.
Reference:
Ext.C2(a)
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Vaikom
Common Reasons
Case Code
Case between Prakasan vs Thulasi regarding permanent prohibitory injunction
Case Code Year
Case between Prakasan vs Thulasi regarding permanent prohibitory injunction