Case Summary
The plaintiffs, P.S Prabhakaran and Kuttappan, are seeking a permanent prohibitory injunction against the defendants, Sathiammal K.S and Radhakrishna Pilla, regarding a disputed pathway. The plaintiffs claim a right of way over the pathway used for over 20 years, which the defendants allegedly attempted to obstruct.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction against the defendants from obstructing the plaintiffs' use of the pathway.
Case Type
Civil Suit
Final Judgment
No
The suit is partly decreed, restraining the defendants from causing any obstruction in the contested pathway, except for the area identified as item No. 5, over which the plaintiffs have no rights.
Why Plaintiff Won:
The plaintiffs proved their longstanding use of the pathway and the defendants' attempts to obstruct it.
The plaintiffs proved their longstanding use of the pathway and the defendants' attempts to obstruct it.
Losing Side's Weaknesses:
The plaintiffs proved their longstanding use of the pathway and the defendants' attempts to obstruct it.
The plaintiffs proved their longstanding use of the pathway and the defendants' attempts to obstruct it.
Supporting Evidence
The commission report noted the existence of a mud road used by the public for over 30 years, supporting the plaintiffs' claim.
Judgment Evidence:
In the result the suit is partly decreed as follows: 1. Defendants are restrained by a decree of permanent prohibitory injunction from causing any obstruction in plaint schedule item No.4, excluding plaint schedule item No.5, closing it, obstructing peaceful enjoyment of plaintiffs over that portion of item No.4 and committing any waste therein.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- P.S Prabhakaran
- Party Age
- 50
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Kuttappan
- Party Age
- 64
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sathiammal K.S
- Party Age
- 54
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Radhakrishna Pilla
- Party Age
- 47
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Athul Krishnan A
- Party Age
- 20
- Relation
- S/o
Plaintiffs Documents
Certified copy of Settlement deed No.516/1999, Land Tax receipt No.KL05011402841/2020, Certified copy of sale deed No.27/1/1996, Land Tax receipt No.KL05011406597/2020.
Defendants Documents
Certified copy of Partition Deed No.2869/1979, Land Tax receipt No.KL05011407764/2023, Acknowledgement receipt of Petition of Pallickathode Police Station.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sreekanth K.K
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Jolly James
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- George Kurian
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Defendants are restrained by a decree of permanent prohibitory injunction from causing any obstruction in plaint schedule item No.4.
Evidence:
Defendants are restrained by a decree of permanent prohibitory injunction from causing any obstruction in plaint schedule item No.4, excluding plaint schedule item No.5, closing it, obstructing peaceful enjoyment of plaintiffs over that portion of item No.4 and committing any waste therein.
Documents & Evidence
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Settlement deed No.516/1999 of Vazhoor SRO.
Reference:
Ext.A1
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Land Tax receipt No.KL05011402841/2020 of Vazhoor Village.
Reference:
Ext.A2
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of sale deed No.27/1/1996 of Vazhoor SRO.
Reference:
Ext.A3
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Land Tax receipt No.KL05011406597/2020 of Vazhoor Village.
Reference:
Ext.A4
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Sale Deed No.3627/1979 of Pampady SRO.
Reference:
Ext.A5
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Sale Deed No.1059/92 of Vazhoor SRO.
Reference:
Ext.A6
Document Type:
Partition Deed
Submitted By:
Defendant
Relevance:
Certified copy of Partition Deed No.2869/1979 of Pampady SRO.
Reference:
Ext.B1
Document Type:
Land Tax Receipt
Submitted By:
Defendant
Relevance:
Land Tax receipt No.KL05011407764/2023 of Vazhoor Village.
Reference:
Ext.B2
Document Type:
Acknowledgement Receipt
Submitted By:
Defendant
Relevance:
Acknowledgement receipt of Petition of Pallickathode Police Station.
Reference:
Ext.B3
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report filed by Advocate Commissioner M.T Babu.
Reference:
Ext.C1
Document Type:
Rough Sketch
Submitted By:
Court
Relevance:
Rough sketch filed by Advocate Commissioner M.T Babu.
Reference:
Ext.C1(a)
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report filed by Advocate Commissioner M.T Babu.
Reference:
Ext.C2
Document Type:
Survey Plan
Submitted By:
Court
Relevance:
Survey plan filed by Advocate Commissioner M.T Babu.
Reference:
Ext.C2(a)
Case Classification
Case Type
Civil Suit
Category
Injunction and Access Rights
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Kanjirappally
Common Reasons
Right of way obstruction
Case Code
O.S.
Case Code Year
2021