Skip to main content
Niyamam AI Niyamam AI

Main navigation

  • Home
  • Lawyer Login
  • Lawyer Registration
  • About us
  • Contact
O.S No. 264/2021

Case between Sanoj et al vs Pathmakumariyamma regarding permanent prohibitory injunction.

Court
THE COURT OF THE MUNSIFF PALA
Judge
Sri. Hasheem S
Order Date
2025-07-23
Duration
approximately-4 years 6 days
Case Closed
Wed, 07/23/2025 - 12:00

Judgement document from eCourt website

Judgment Document
Save Case Find Similar Cases

Case Summary

The plaintiffs, Sanoj, Subitha, and Valsamma, are seeking a permanent prohibitory injunction against the defendant, Pathmakumariyamma, who has allegedly obstructed their access to a pathway necessary for reaching their properties. The plaintiffs claim they have used this pathway for over 100 years, claiming an easement by prescription.

Judgment Outcome

Plaintiff Won
Interim Order
The suit was decreed in favor of the plaintiffs, granting them a permanent prohibitory injunction against the defendant.
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction from making any constructions by reducing the width of the pathway or causing obstructions to the plaintiffs' right of enjoyment.
Case Type
Civil Suit
Final Judgment
No
The suit was decreed in favor of the plaintiffs, granting them a permanent prohibitory injunction against the defendant.
Why Plaintiff Won:
The plaintiffs proved their right to the pathway through continuous and uninterrupted use over a significant period.
Losing Side's Weaknesses:
Not available
Supporting Evidence
The plaint averments were proved by the oral testimony of PW1 and Exts.A1 to A3 documents. In the absence of any contrary evidence, I am of the view that the plaintiffs are entitled to get a decree as prayed for.

Judgment Evidence:

In the result, the suit is decreed as follows: The defendant and men under her are hereby restrained by a decree of permanent prohibitory injunction from making any constructions by reducing the width of plaint schedule item No.4 or from causing obstructions to the plaintiffs' right of enjoyment over it.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Sanoj
Party Age
46
Relation
S/o
Party Role
Plaintiff
Party Name
Subitha
Party Age
43
Relation
S/o
Party Role
Plaintiff
Party Name
Valsamma
Party Age
62
Relation
D/o
Party Role
Defendant
Party Name
Pathmakumariyamma
Party Age
62
Relation
W/o
Plaintiffs Documents
Certified copy of Settlement Deed No. 381/2004 of SRO Kuravilangadu, Partition Deed No. 458/1967 of Kuravilangadu SRO, Tax Receipts issued by Monippally Village Office.
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
M. K Gopalakrishnan Nair
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Rajesh Pallattu
Appearance Type
Main Counsel

Reliefs

Relief Type: Permanent Injunction
Outcome: Granted
Description:
Restraining the defendant from making any constructions that reduce the width of the pathway.
Evidence:
The defendant and men under her are hereby restrained by a decree of permanent prohibitory injunction from making any constructions by reducing the width of plaint schedule item No.4.
Relief Type: Costs
Outcome: Granted
Description:
Entitlement to costs from the defendant.
Evidence:
The plaintiffs are entitled to costs from the defendant.

Documents & Evidence

Document Type: Settlement Deed
Submitted By: Plaintiff
Relevance:
Proves the ownership of 3.40 Ares of property by the 2nd plaintiff.
Reference:
Ext.A1
Document Type: Partition Deed
Submitted By: Plaintiff
Relevance:
Establishes the claim of the 3rd plaintiff over the property.
Reference:
Ext.A2
Document Type: Tax Receipts
Submitted By: Plaintiff
Relevance:
Supports the existence and ownership of the properties in dispute.
Reference:
Ext.A3 series

Case Classification

Case Type
Civil Suit
Category
Other Civil Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Pala
Common Reasons
Case Code
Case between Sanoj et al vs Pathmakumariyamma regarding permanent prohibitory injunction.
Case Code Year
Case between Sanoj et al vs Pathmakumariyamma regarding permanent prohibitory injunction.

Quick Facts

Location
Pala
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Pala
Case Filed
Fri, 07/23/2021 - 12:00
Case Closed
Wed, 07/23/2025 - 12:00
From
Tue, 04/01/2025 - 12:00
To
Thu, 07/31/2025 - 12:00
Outcome Confidence
90%

Involved Entities

Similar Cases

Case between Canara Bank et al vs Jancy Thomas regarding dismissal of suit
COURT OF THE MUNSIFF PALA
Civil Suit Defendant Won
Case between Kerala Gramin Bank vs Hima K.S et al regarding settlement of suit.
COURT OF THE MUNSIFF PALA
Civil Suit Defendant Won
Case between Jilu Sebastian et al vs Mercy Pious et al regarding Suit dismissed as not pressed
MUNSIFF PALA
Civil Suit Defendant Won
Case between Prakash P. M vs Anoop P regarding settlement of a suit.
COURT OF THE MUNSIFF PALA
Civil Suit Plaintiff Won
Case between Sukumaran Nair et al vs Thomas et al regarding realization of money
IN THE COURT OF THE MUNSIFF PALA
Civil Suit Plaintiff Won