Case Summary
The case involves the plaintiffs Radhakrishnan and Sheelakumari, a husband and wife, along with their neighbor Manjula, seeking a permanent prohibitory injunction against the defendants to prevent encroachment on a pathway they have used for over 50 years. The defendants include Lissy, July, Manilal, and Subhashini, who are attempting to obstruct the plaintiffs' access to their property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
A permanent prohibitory injunction is granted in favour of the plaintiffs.
Case Type
Original Suit
Final Judgment
No
The court granted a permanent prohibitory injunction in favor of the plaintiffs, restraining the defendants from encroaching on the plaint C schedule pathway and obstructing the plaintiffs' peaceful enjoyment of the pathway.
Why Plaintiff Won:
The plaintiffs established their case through unchallenged oral and documentary evidence.
The plaintiffs established their case through unchallenged oral and documentary evidence.
Losing Side's Weaknesses:
The plaintiffs established their case through unchallenged oral and documentary evidence.
The plaintiffs established their case through unchallenged oral and documentary evidence.
Supporting Evidence
Through the unchallenged oral and documentary evidence adduced by the plaintiffs, the plaintiffs have established their case.
Judgment Evidence:
In the result, the suit is decreed as follows: 1.A permanent prohibitory injunction is granted in favour of the plaintiffs and the defendants are restrained from encroaching into the plaint C schedule pathway.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Radhakrishnan
- Party Age
- 63
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Sheelakumari
- Party Age
- 54
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Manjula
- Party Age
- 45
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Lissy
- Party Age
- 65
- Relation
- M/o
- Party Role
- Defendant
- Party Name
- July
- Party Age
- 52
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Manilal
- Party Age
- 58
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Subhashini
- Party Age
- 65
Plaintiffs Documents
Certified copy of Sale Deed No. 1439/2004, Certified copy of Sale Deed No. 1438/2004, Copy of Partition Deed No. 1782/2006, Tax receipt No. KL01060204259/2022, Rough Plan.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Saj. S. Sivan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Permanent prohibitory injunction restraining the defendants from encroaching into the plaint C schedule pathway.
Evidence:
A permanent prohibitory injunction is granted in favour of the plaintiffs and the defendants are restrained from encroaching into the plaint C schedule pathway.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of sale deed No. 1439/2004 of Varkala S.R.O. establishing title and possession for the plaintiffs.
Reference:
Ext.A1
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of sale deed No. 1438/2004 of Varkala S.R.O. establishing title and possession for the plaintiffs.
Reference:
Ext.A2
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
Copy of partition deed No. 1782/2006 of Varkala S.R.O. establishing title for the third plaintiff.
Reference:
Ext.A3
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Tax receipts supporting the plaintiffs' ownership.
Reference:
Ext.A4
Document Type:
Rough Plan
Submitted By:
Plaintiff
Relevance:
Rough plan prepared by Adv. Saj. S. Sivan indicating the layout of the property.
Reference:
Ext.A5
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report dated 03.01.2023 providing details regarding the property and the issues in dispute.
Reference:
Ext.C1
Document Type:
Rough Sketch
Submitted By:
Court
Relevance:
Rough sketch prepared along with the commission report showing property boundaries.
Reference:
Ext.C1(a)
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report dated 03.03.2023 providing additional evidence related to the property.
Reference:
Ext.C2
Document Type:
Pictures
Submitted By:
Court
Relevance:
Pictures submitted as evidence during the commission process.
Reference:
Ext.C2(a)
Case Classification
Case Type
Original Suit
Category
Injunction and Access Rights
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiffs Court, Varkala
Common Reasons
Case Code
Case between Radhakrishnan et al vs Lissy et al regarding permanent prohibitory injunction
Case Code Year
Case between Radhakrishnan et al vs Lissy et al regarding permanent prohibitory injunction