Case Summary
Sajeev Kumar is the plaintiff, seeking a permanent prohibitory injunction against Udayan K.K and others regarding the right of easement over a pathway. The plaintiff claims rights over the property that affects access to the main road.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
A decree of permanent prohibitory injunction restraining the first defendant from trespassing upon the plaint C schedule property.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The plaintiff's evidence remained unchallenged, establishing his right and possession over the relevant properties.
The plaintiff's evidence remained unchallenged, establishing his right and possession over the relevant properties.
Judgment Evidence:
In the result, the suit is decreed as follows: I. A decree of permanent prohibitory injunction is passed restraining the first defendant from trespassing upon the plaint C schedule property, thereby reducing the width of the plaint B schedule property from its original 3 meters.
Parties Involved
Plaintiffs
Sajeev Kumar (54 years years)
Punartham, Thuruthy Vaikkattussery Road, Maradu Village, Kanayannur Taluk, Ernakulam District- 682 304
Defendants
Udayan K.K (51 years years)
Kannanthara Thundiyil House, Thuruthy Vaikkattussery Road, Maradu Village, Kanayannur Taluk, Ernakulam District – 682 304
Rajamma (70 years years)
Kannanthara Thundiyil House, Thuruthy Vaikkattussery Road, Maradu Village, Kanayannur Taluk, Ernakulam District – 682 304
Pradeep K. L (Age not specified years)
Saphalam, Thuruthy Vaikkattussery Road, Maradu Village, Kanayannur Taluk, Ernakulam District – 682 304
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
A decree of permanent prohibitory injunction is passed restraining the first defendant from trespassing upon the plaint C schedule property, thereby reducing the width of the plaint B schedule property from its original 3 meters.
Evidence:
The plaintiff is entitled to get a decree of permanent prohibitory injunction as prayed for.
Relief Type:
Other
Outcome:
Granted
Description:
The plaintiff is entitled to the costs of the suit from the first and second defendants.
Evidence:
In the fact and circumstances of the case, I am of the opinion that the plaintiff is entitled to the costs of the suit from the first and second defendants.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
The title document establishing the plaintiff's ownership and rights over the plaint A schedule and the easement rights over plaint B schedule property.
Reference:
Ext.A1
Document Type:
Commission Report
Submitted By:
Court
Relevance:
The report filed by the court commissioner which assisted in adjudicating the case.
Reference:
Ext.C1