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
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.
The plaintiffs proved their right to the pathway through continuous and uninterrupted use over a significant period.
Losing Side's Weaknesses:
Not available
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.