Case Summary
The case involves petitioners Rini Titus and Francis Gabriel seeking to restrain the respondents Stephen Gomez, Shaila, and Sherly Rajendran from trespassing into their properties and creating a new pathway. The petitioners claim that the respondents have falsely claimed a right of way through their properties.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court dismissed the interim application filed by the petitioners seeking to restrain the respondents from trespassing on the properties. The application was found to lack merit as the balance of convenience favored the respondents.
Key Reasoning:
The court found that a pathway already exists for the respondents and that granting the injunction would cause irreparable loss to them.
The court found that a pathway already exists for the respondents and that granting the injunction would cause irreparable loss to them.
Why Defendant Won:
The court found that a pathway already exists for the respondents and that granting the injunction would cause irreparable loss to them.
The court found that a pathway already exists for the respondents and that granting the injunction would cause irreparable loss to them.
Supporting Evidence
The petitioner has to show that he himself was not at fault. The allegation that the way falsely inserted by the 1st respondent which was absent in prior title deed couldn’t be adjudicated at this initial stage of the suit.
Judgment Evidence:
In the result, IA dismissed. Both the parties shall suffer their respective costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Rini Titus
- Party Age
- 34
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Francis Gabriel
- Party Age
- 58
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Stephen Gomez
- Party Age
- 55
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Shaila
- Party Age
- 55
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Sherly Rajendran
- Party Age
- 60
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Riju Rajendran
- Party Age
- 40
- Relation
- S/o
Plaintiffs Documents
Release Deed No. 346/2023, Tax Receipt, Partition Deed No. 494/1995, Tax Receipt dated 30-06-2023, Petition filed before Kilikolloor Police Station
Defendants Documents
Copy of Plaint in OS. 88/2004, Copy of Commission report in OS. 88/2004, Copy of Sale Deed No. 205/2023, Copy of Caveat No. 287/2023
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.Nazeer Kakkanttayam
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.V.Vinayachandran
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Injunction
Outcome:
Refused
Description:
Sought to restrain respondents from trespassing and altering the properties.
Evidence:
If an interim injunction is granted at this stage, it will cause irreparable loss and hardship to the respondents.
Documents & Evidence
Document Type:
Release deed
Submitted By:
Plaintiff
Relevance:
Establishes the first petitioner's ownership of A schedule property.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Confirms the first petitioner's ownership in possession of A schedule property.
Reference:
Ext.A2
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
Establishes the second petitioner's ownership of B schedule property.
Reference:
Ext.A3
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Confirms the second petitioner's ownership of B schedule property.
Reference:
Ext.A4
Document Type:
Complaint
Submitted By:
Plaintiff
Relevance:
Alleges that respondents are attempting to trespass into the petitioners' property.
Reference:
Ext.A5
Document Type:
Copy of plaint
Submitted By:
Defendant
Relevance:
Documents the defendants' claims in OS 88/2024.
Reference:
Ext.B1
Document Type:
Commission Report
Submitted By:
Defendant
Relevance:
Identifies the pathway used by respondents to enter their properties.
Reference:
Ext.B2
Document Type:
Sale deed
Submitted By:
Defendant
Relevance:
Shows the defendants' purchase of property including right of way.
Reference:
Ext.B3
Document Type:
Caveat
Submitted By:
Defendant
Relevance:
Shows prior acknowledgment of pathway usage by respondents.
Reference:
Ext.B4
Document Type:
Settlement Deed
Submitted By:
Defendant
Relevance:
Prior title deed related to the property.
Reference:
Ext.B6
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commissioner identified the properties of the petitioner and respondents.
Reference:
Ext.C1
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Case Code
OS.
Case Code Year
2024