Case Summary
Radhakrishnan, Vimala, and Sarath are plaintiffs filing for a declaration of right of way and an injunction against Vijayamma, N. Sivakumar, and Manoj Kumar. The plaintiffs claim that the defendants have obstructed their right of way through a pathway.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction restraining the counterclaim defendants from obstructing the passage through the counterclaim B schedule pathway
Case Type
Civil Suit
Final Judgment
No
The court decreed the counterclaim with costs, restraining the counterclaim defendants from obstructing the pathway and granted the counterclaim plaintiffs their costs.
Why Plaintiff Won:
The counter claim plaintiffs established their continuous use of the pathway and the absence of evidence to the contrary.
The counter claim plaintiffs established their continuous use of the pathway and the absence of evidence to the contrary.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The cause of action alleged in the counterclaim stands proved through the deposition of PW1 and also from Ext. A1 to A8. From the affidavit and exhibits it is clear that the counter claim plaintiffs are entitled to get a decree of permanent prohibitory injunction as prayed for.
Judgment Evidence:
In the result, the counter claim is decreed with costs as follows: (i) The counter claim defendants/plaintiffs and their agents are hereby restrained from obstructing the passage through the counterclaim B schedule pathway to the counterclaim A schedule property...
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Radhakrishnan
- Party Age
- 68
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Vimala
- Party Age
- 64
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Sarath
- Party Age
- 30
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Vijayamma
- Party Age
- 73
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- N. Sivakumar
- Party Age
- 71
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Manoj Kumar
- Party Age
- 33
- Relation
- S/o
Plaintiffs Documents
Certified copy of Sale Deed No. 270/1999, Land Tax Receipt dated 25/07/2018, Photographs (3 Nos.), Copy of petition filed before City Police Commissioner dated 29/08/2018
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.P.A. Priji
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt.S.Sunimol
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Keerthi S.Jyothi
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. K.P. Sajinath
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Smt. Sajitha
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Permanent prohibitory injunction restraining the counterclaim defendants from obstructing the use of the counterclaim B schedule pathway.
Evidence:
The counter claim is decreed with costs as follows: The counter claim defendants/plaintiffs and their agents are hereby restrained from obstructing the passage through the counterclaim B schedule pathway.
Relief Type:
Other
Outcome:
Granted
Description:
Counterclaim plaintiffs are entitled to realize the costs of the suit from the counterclaim defendants.
Evidence:
Counter claim plaintiffs are also entitled to realise the costs of the suit from the counter claim defendants.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Sale Deed No. 270/1999 shows ownership of the counterclaim A schedule property.
Reference:
Ext.A1
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Land tax receipt dated 25/07/2018 supports the claim of the counterclaim plaintiffs.
Reference:
Ext.A2
Document Type:
Photographs
Submitted By:
Plaintiff
Relevance:
Photographs submitted to illustrate the properties in question.
Reference:
Ext.A3 series
Document Type:
Copy of Petition
Submitted By:
Plaintiff
Relevance:
Copy of petition filed before City Police Commissioner gives context to the claims.
Reference:
Ext.A4
Document Type:
Receipt of Petition
Submitted By:
Plaintiff
Relevance:
Receipt related to petition No. 3226/Camp/Ptn/17-QC provides procedural evidence.
Reference:
Ext.A5
Document Type:
Copy of Petition
Submitted By:
Plaintiff
Relevance:
Copy of petition filed before Assistant Police Commissioner adds further context.
Reference:
Ext.A6
Document Type:
Receipt of Petition
Submitted By:
Plaintiff
Relevance:
Receipt of petition No. 111881/2018 supports the legal actions taken.
Reference:
Ext.A7
Document Type:
Standing Disability Assessment Board Certificate
Submitted By:
Plaintiff
Relevance:
Certificate dated 06/06/2014 evidences the condition of one of the defendants.
Reference:
Ext.A8
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Case Code
Case between Radhakrishnan et al vs Vijayamma et al regarding Declaration and Injunction
Case Code Year
Case between Radhakrishnan et al vs Vijayamma et al regarding Declaration and Injunction