Case Summary
The case involves the plaintiffs, who are the children and wife of Late Rajappan, seeking an injunction against the defendants, who are descendants of Late Jacob Issac. The plaintiffs assert their right to a road that has been used for over 50 years and allege that the defendants attempted to obstruct this access.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiffs, issuing a permanent prohibitory injunction against the defendants from obstructing the plaintiffs' access to the road.
Why Plaintiff Won:
The evidence provided by the plaintiffs was unopposed and established their right to the road.
The evidence provided by the plaintiffs was unopposed and established their right to the road.
Losing Side's Weaknesses:
The evidence provided by the plaintiffs was unopposed and established their right to the road.
The evidence provided by the plaintiffs was unopposed and established their right to the road.
Supporting Evidence
The plaint averments, affidavit and the documents would establish the case of the plaintiff. There is no evidence to rebut the evidence adduced on the side of the plaintiff.
Judgment Evidence:
In the result, the suit is decreed as follows; The defendants no.1 to 3 and their men are hereby restrained by a decree of permanent prohibitory injunction from closing down plaint schedule item no.3 way, from reducing its width, from making any alteration, from making any obstruction to the user of plaint schedule item no.3 road including vehicular traffic and from committing any acts of waste therein.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Rajesh R
- Party Age
- 43
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Regha Rajappan
- Party Age
- 46
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Renjith R
- Party Age
- 38
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Rajamma Rajappan
- Party Age
- 66
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Lissyamma Jacob
- Party Age
- 63
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Albin Jacob
- Party Age
- 33
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Libin Jacob
- Party Age
- 30
- Relation
- S/o
Plaintiffs Documents
Basic land tax receipt, Building tax receipt, Copy of plaint in OS No.575/21 of Munsiff's Court, Photocopy of Partition deed No.1145/2012.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- B Ashok
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Restraining the defendants from closing down plaint schedule item no.3 way.
Evidence:
The defendants no.1 to 3 and their men are hereby restrained by a decree of permanent prohibitory injunction from closing down plaint schedule item no.3 way, from reducing its width, from making any alteration, from making any obstruction to the user of plaint schedule item no.3 road including vehicular traffic and from committing any acts of waste therein.
Documents & Evidence
Document Type:
Basic Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Used to establish ownership and possession of the property.
Reference:
Ext.A1
Document Type:
Building Tax Receipt
Submitted By:
Plaintiff
Relevance:
Support for property ownership claims.
Reference:
Ext.A2
Document Type:
Copy of plaint in OS No.575/21 of Munsiff's Court, Kottayam
Submitted By:
Plaintiff
Relevance:
Cited as evidence relevant to the case.
Reference:
Ext.A3
Document Type:
Photocopy of Partition deed No.1145/2012
Submitted By:
Plaintiff
Relevance:
Demonstrates the ownership title of the plaint schedule item no.1 property.
Reference:
Ext.A4
Case Classification
Case Type
Civil Suit
Category
Injunction and Access Rights
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Common Reasons
Case Code
Case between Rajesh R, Regha Rajappan, Renjith R, Rajamma Rajappan vs Lissyamma Jacob, Albin Jacob, Libin Jacob regarding injunction.
Case Code Year
Case between Rajesh R, Regha Rajappan, Renjith R, Rajamma Rajappan vs Lissyamma Jacob, Albin Jacob, Libin Jacob regarding injunction.