Case Summary
Rekha Ramakrishnan filed a suit against Padmakumar and Chithira Padmakumar for blocking access to her designated parking space and common passage. The court delivered a judgment in favor of the plaintiff, granting a permanent injunction against the defendants.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction restraining the defendants from blocking access and parking in common areas.
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiff, issuing a permanent prohibitory injunction against the defendants for obstructing the plaintiff's access to her parking area.
Why Plaintiff Won:
Plaintiff proved her case through unrebutted testimony and appropriate documentary evidence.
Plaintiff proved her case through unrebutted testimony and appropriate documentary evidence.
Losing Side's Weaknesses:
Plaintiff proved her case through unrebutted testimony and appropriate documentary evidence.
Plaintiff proved her case through unrebutted testimony and appropriate documentary evidence.
Supporting Evidence
The unrebutted oral testimony of PW1 and Exts. A1, A2, C1 series and C2 series established her case as pleaded by her. It shows the obstructions caused by the defendants.
Judgment Evidence:
In the result, suit is decreed as follows. 1. A decree of permanent prohibitory injunction is passed restraining the defendants and their men and agents from parking vehicles in the common passages in the plaint A schedule property causing obstructions to the plaintiff from using the common passage for their ingress and egress to their respective apartments from outside.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Rekha Ramakrishnan
- Party Age
- 43
- Relation
- W/o.Binoy
- Party Role
- Defendant
- Party Name
- Padmakumar
- Party Age
- 50
- Relation
- S/o.Sivasankaran Nair
- Party Role
- Defendant
- Party Name
- Chithira Padmakumar
- Party Age
- 45
- Relation
- W/o. Padmakumar
Plaintiffs Documents
Certified copy of Sale Deed No.3378/2012, Certified copy of Settlement Deed No.2034/2012
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Shaji Thankappan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- P.N.Sumodu
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- V.N. Sunil Kumar
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
A decree of permanent prohibitory injunction restraining the defendants from parking vehicles in the common passages.
Evidence:
In the result, suit is decreed as follows. A decree of permanent prohibitory injunction is passed restraining the defendants and their men and agents from parking vehicles in the common passages in the plaint A schedule property causing obstructions to the plaintiff from using the common passage for their ingress and egress to their respective apartments from outside.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
A decree of permanent prohibitory injunction restraining the defendants from causing any kind of obstruction to the plaintiff from parking her vehicle in the plaint C schedule property.
Evidence:
Pass a decree of permanent prohibitory injunction restraining the defendants, from causing any kind of obstruction whatsoever manner to the plaintiff from parking plaintiff's vehicle in the plaint C schedule property.
Relief Type:
Other
Outcome:
Granted
Description:
The plaintiff is entitled to realize costs of the suit from the defendants.
Evidence:
The plaintiff is entitled to realize costs of the suit from the defendants and from their assets.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Sale Deed No.3378/2012 establishing plaintiff's ownership of the apartment.
Reference:
Ext.A1
Document Type:
Settlement Deed
Submitted By:
Defendant
Relevance:
Certified copy of Settlement Deed No.2034/2012 concerning the transfer of property rights.
Reference:
Ext.A2
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report dated 22.09.2016 accepted as evidence regarding the property.
Reference:
Ext.C1
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report dated 16.01.2024 accepted as evidence regarding the property.
Reference:
Ext.C2
Document Type:
Oral Evidence
Submitted By:
Unknown
Relevance:
Unrebutted oral testimony of PW1 supporting the plaintiff's claims.
Reference:
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between Rekha Ramakrishnan vs Padmakumar et al regarding Permanent prohibitory injunction
Case Code Year
Case between Rekha Ramakrishnan vs Padmakumar et al regarding Permanent prohibitory injunction