Case Summary
The plaintiff, Sadasivan, filed a suit against the defendant, Shiju, seeking a permanent prohibitory injunction to restrain the defendant from obstructing the pathway on his property. The case revolves around the plaintiff's right to use the B schedule pathway for agricultural purposes.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendan and his men are permanently restrained from trespassing into the plaint A schedule property and causing any obstructions to the B schedule pathway.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, restraining the defendant from any obstructions to the plaintiff's access to the pathway. The plaintiff is also entitled to recover costs from the defendant.
Why Plaintiff Won:
The plaintiff proved his right and possession over the plaint A schedule property with substantial evidence.
The plaintiff proved his right and possession over the plaint A schedule property with substantial evidence.
Losing Side's Weaknesses:
The plaintiff proved his right and possession over the plaint A schedule property with substantial evidence.
The plaintiff proved his right and possession over the plaint A schedule property with substantial evidence.
Supporting Evidence
Exts.A1 to A3 would prove the plaint claim. There is no contra evidence to prove otherwise. Plaintiff's case stands proved and unchallenged by the pleadings and evidences. Hence, the plaintiff is entitled to get the relief as sought for.
Judgment Evidence:
In the result, the suit is decreed with costs as follows: The defendants and his men are permanently restrained from trespassing into the plaint A schedule property and from causing any obstructions to the peaceful enjoyment and use of B schedule way by the plaintiff including parking vehicles on the plaint B schedule pathway.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sadasivan
- Party Age
- 75
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Shiju
- Party Age
- 35
- Relation
- S/o
Plaintiffs Documents
Copy of Sale Deed No. 1153/1985 of Kannanalloor SRO, Copy of Sale Deed No. 194/2020 of Kannanalloor SRO, Land Tax Receipt
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- A.Omanakuttn
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
The defendants and their men are permanently restrained from trespassing into the plaint A schedule property and from causing any obstructions to the peaceful enjoyment and use of the B schedule way by the plaintiff.
Evidence:
The defendants and his men are permanently restrained from trespassing into the plaint A schedule property and from causing any obstructions to the peaceful enjoyment and use of B schedule way by the plaintiff including parking vehicles on the plaint B schedule pathway and also from committing any waste therein.
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to realize the costs of the suit from the defendants.
Evidence:
Plaintiff is also entitled to realise the costs of the suit from the defendants.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Sale deed No. 1153/1985 of Kannanalloor SRO proves the plaintiff's right and possession over the plaint A schedule property.
Reference:
Ext.A1
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Sale deed No. 194/2020 of Kannanalloor SRO supports the claim regarding the pathway.
Reference:
Ext.A2
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Land tax receipt corroborates the plaintiff's case.
Reference:
Ext.A3
Document Type:
Complaint
Submitted By:
Plaintiff
Relevance:
Complaint to Kottiyam Police Station referenced but subject to proof.
Reference:
Ext.A4
Document Type:
Complaint
Submitted By:
Plaintiff
Relevance:
Complaint to Kollam RTO referenced but subject to proof.
Reference:
Ext.A5
Case Classification
Case Type
Civil Suit
Category
Injunction and Access Rights
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Unauthorized occupation
Case Code
Case between Sadasivan vs Shiju regarding Permanent Prohibitory Injunction
Case Code Year
Case between Sadasivan vs Shiju regarding Permanent Prohibitory Injunction