Case Summary
The case involves Rathnamma and her son Biju as plaintiffs against defendants Shajan and Ravi, concerning a dispute over the use of a pathway that allegedly caused damage to their property. The plaintiffs seek a temporary injunction to prevent further damage.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Limited interim injunction restraining the defendants from causing damage to the boundary wall.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The apprehension of damage due to heavy vehicle access was deemed reasonable given the circumstances.
The apprehension of damage due to heavy vehicle access was deemed reasonable given the circumstances.
Judgment Evidence:
In the result, this Court is of the view that a limited interim injunction is warranted. Accordingly, this petition is partly allowed. The respondents are hereby restrained from causing any damage to the boundary wall.
Parties Involved
Plaintiffs
Rathnamma (73 years years)
Urulakkakkudy House, Kurichilakkodu Kara, Kodanadu Village, Kunnathunadu Taluk
Biju (43 years years)
Urulakkakkudy House, Kurichilakkodu Kara, Kodanadu Village, Kunnathunadu Taluk
Defendants
Shajan (53 years years)
Kizhakkappurathukudy House, Kurichilakkodu Kara, Kodanadu Village, Kunnathunadu Taluk
Ravi (65 years years)
Kizhakkappurathukudy House, Kurichilakkodu Kara, Kodanadu Village, Kunnathunadu Taluk
Reliefs
Relief Type:
Temporary Injunction
Outcome:
Partly Granted
Description:
Temporary injunction restraining the defendants from causing any damage to the boundary wall.
Evidence:
Accordingly, this petition is partly allowed. The respondents are hereby restrained from causing any damage to the boundary wall.
Documents & Evidence
Document Type:
Gift Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of the Gift Deed No.1411/1/1989 of SRO, Perumbavoor which establishes ownership of the plaint schedule property.
Reference:
Ext.A1
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of the Settlement Deed No.3546/18 of SRO, Perumbavoor that contributes to the ownership evidence.
Reference:
Ext.A2
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Land Tax receipt of Tandaper No.8528 of Kodanadu Village supporting the ownership claim.
Reference:
Ext.A3
Document Type:
Survey Manual
Submitted By:
Plaintiff
Relevance:
Copy of the Survey Manual (form No.10) relevant for assessment of property.
Reference:
Ext.A4
Document Type:
Chalan
Submitted By:
Plaintiff
Relevance:
Copy of the Chalan related to the property.
Reference:
Ext.A5
Document Type:
Notice
Submitted By:
Plaintiff
Relevance:
Copy of the Form No.12 notice (Survey Manual) significant for the case.
Reference:
Ext.A6
Document Type:
Notice
Submitted By:
Plaintiff
Relevance:
Copy of the notice important for the property claim.
Reference:
Ext.A7
Document Type:
Notice
Submitted By:
Plaintiff
Relevance:
Copy of another notice that relates to the ongoing disputes.
Reference:
Ext.A8
Document Type:
Complaint
Submitted By:
Plaintiff
Relevance:
Copy of the complaint preferred before the Sub Inspector of Police, Kodanadu that indicates prior grievances.
Reference:
Ext.A9
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report and rough sketch submitted by the Advocate Commissioner which provides details on the property.
Reference:
Ext.C1
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report and rough sketch submitted by the Advocate Commissioner relevant to the ongoing property case.
Reference:
Ext.C2