Case Summary
The plaintiff, Royal John, has filed a suit against the defendant, Joseph Xavier, for a permanent prohibitory injunction to prevent obstruction of his right of way to his property. The defendant allegedly threatened to obstruct the plaintiff's access to his property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction restraining the defendant from causing any obstruction to the plaintiff's right of way.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff, granting a permanent prohibitory injunction against the defendant to refrain from obstructing the plaintiff's property access.
Why Plaintiff Won:
The unchallenged proof affidavit and documents admitted into evidence satisfactorily established the plaintiff's claim.
The unchallenged proof affidavit and documents admitted into evidence satisfactorily established the plaintiff's claim.
Losing Side's Weaknesses:
The unchallenged proof affidavit and documents admitted into evidence satisfactorily established the plaintiff's claim.
The unchallenged proof affidavit and documents admitted into evidence satisfactorily established the plaintiff's claim.
Supporting Evidence
The unchallenged proof affidavit and documents would satisfactorily prove the plaint claim. So, a decree can rightly be passed as prayed for.
Judgment Evidence:
In the result, a) The suit is decreed by a permanent prohibitory injunction restraining the defendant, his men and agent from causing any manner of hindrance or obstruction to the plaintiff's right of way through the C schedule property for having ingress and egress to A schedule property from the public road...
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Royal John
- Party Age
- 37
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Joseph Xavier @ Jsohy
- Party Age
- 50
- Relation
- S/o
Plaintiffs Documents
Original sale deed no 2578/1985, Original Sale deed 1717/2023, The Original Thandaper Account issued by Elamkulam Village Office, True copy of tax receipt by Elamkulam village office, Original Special Power of Attorney
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Peeyus A Kottam
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Permanent prohibitory injunction restraining the defendant from obstructing the plaintiff's right of way.
Evidence:
The suit is decreed by a permanent prohibitory injunction restraining the defendant, his men and agent from causing any manner of hindrance or obstruction to the plaintiff's right of way through the C schedule property for having ingress and egress to A schedule property from the public road.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Permanent prohibitory injunction restraining the defendant from causing nuisance.
Evidence:
The suit is decreed by a permanent prohibitory injunction restraining the defendant, from putting any waste or garbage into the plaint A schedule property or causing any manner of nuisance to the peaceful life of the plaintiff and his age old parents living therein.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff entitled to costs of the suit.
Evidence:
The plaintiff is entitled to costs of the suit.
Documents & Evidence
Document Type:
Original Sale Deed
Submitted By:
Plaintiff
Relevance:
This document proves the plaintiff's ownership of the property.
Reference:
Ext.A1
Document Type:
Original Sale Deed
Submitted By:
Plaintiff
Relevance:
This document is related to the plaintiff's right of way purchase.
Reference:
Ext.A2
Document Type:
Thandaper Account
Submitted By:
Plaintiff
Relevance:
This document supports the plaintiff's claim regarding property records.
Reference:
Ext.A3
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
This document verifies the tax records relevant to the property.
Reference:
Ext.A4
Document Type:
Special Power of Attorney
Submitted By:
Plaintiff
Relevance:
This document authorizes a representative to act on behalf of the plaintiff.
Reference:
Ext.A5
Case Classification
Case Type
Civil Suit
Category
Injunction and Access Rights
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between Royal John vs Joseph Xavier regarding permanent prohibitory injunction
Case Code Year
Case between Royal John vs Joseph Xavier regarding permanent prohibitory injunction