Case Summary
The plaintiffs, Reghu. K, Ratheesh. K, and Omana, are seeking a permanent prohibitory injunction against the defendants, Rengan, Ponnamma, and Radhika Rengan, to restrain them from encroaching upon a pathway claimed by the plaintiffs. The defendants contend that the pathway is their property and deny the plaintiffs' right to use it.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent injunction against the defendants regarding the D schedule pathway.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiffs, permanently restraining the defendants from encroaching upon, interfering with, or obstructing the D schedule pathway.
Why Plaintiff Won:
The plaintiffs established their right of access through the D schedule pathway and proved obstructions and interference by the defendants.
The plaintiffs established their right of access through the D schedule pathway and proved obstructions and interference by the defendants.
Losing Side's Weaknesses:
The plaintiffs established their right of access through the D schedule pathway and proved obstructions and interference by the defendants.
The plaintiffs established their right of access through the D schedule pathway and proved obstructions and interference by the defendants.
Supporting Evidence
The D schedule pathway is the only way to reach the plaint schedule properties. There was no credible evidence from the defendants substantiating their claim of ownership over the pathway.
Judgment Evidence:
In the result, the suit is decreed with costs as follows: 1.The defendants and their men are permanently restrained from encroaching upon, interfering with, altering, or obstructing the D schedule pathway in any manner and treating any portion of the D schedule pathway as part of their property and also from committing any waste therein.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Reghu. K
- Party Age
- 40
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Ratheesh. K
- Party Age
- 37
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Omana
- Party Age
- 60
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Rengan
- Party Age
- 50
- Party Role
- Defendant
- Party Name
- Ponnamma
- Party Age
- 48
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Radhika Rengan
- Party Age
- 28
- Relation
- D/o
Plaintiffs Documents
Settlement Deed No. 10/1997, Tax receipt, Settlement Deed No. 4229/2014, Tax receipt, Partition Deed No. 859/1997.
Defendants Documents
Tax receipt, Certified copy of settlement deed No. 3194/1985, Certified copy of settlement deed No. 2251/2015.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Prince Kumar. G
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- P. Suresh Babu
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Permanent prohibitory injunction restraining the defendants from encroaching upon the D schedule pathway.
Evidence:
The defendants and their men are permanently restrained from encroaching upon, interfering with, altering, or obstructing the D schedule pathway in any manner.
Documents & Evidence
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Proves that the plaintiffs are the absolute owners of the plaint A schedule property.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Supports the plaintiffs' ownership of the plaint A schedule property.
Reference:
Ext.A2
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Proves that the second plaintiff is the owner of the plaint B schedule property.
Reference:
Ext.A3
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Supports the second plaintiff's ownership of the plaint B schedule property.
Reference:
Ext.A4
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
Demonstrates that the third plaintiff has joint ownership of the plaint C schedule property.
Reference:
Ext.A5
Document Type:
Release deed
Submitted By:
Plaintiff
Relevance:
Establishes transfer of property in favor of the second plaintiff.
Reference:
Ext.A6
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Further supports ownership claims of the plaint schedule properties.
Reference:
Ext.A7
Document Type:
Notice
Submitted By:
Plaintiff
Relevance:
Informs about a survey intended for boundary re-fixation.
Reference:
Ext.A8
Document Type:
Tax receipt
Submitted By:
Defendant
Relevance:
Substantiates the defendant's claims regarding their property ownership.
Reference:
Ext.B2
Document Type:
Settlement Deed
Submitted By:
Defendant
Relevance:
Documents the ownership details pertinent to the defendants.
Reference:
Ext.B7
Document Type:
Settlement Deed
Submitted By:
Defendant
Relevance:
Records settlement of the defendant's property.
Reference:
Ext.B8
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Identifies the D schedule pathway and details its dimensions.
Reference:
Ext.C1
Case Classification
Case Type
Civil Suit
Category
Injunction and Access Rights
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Case Code
Case between Reghu. K et al vs Rengan et al regarding permanent prohibitory injunction.
Case Code Year
Case between Reghu. K et al vs Rengan et al regarding permanent prohibitory injunction.