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O.S. No. 1549/2019

Case between Sasi vs Chokli et al regarding Permanent prohibitory injunction

Court
THE COURT OF THE THIRD ADDL. MUNSIFF & RENT CONTROLLER
Judge
Smt. REEJA R. NAIR.
Order Date
2025-01-28
Duration
approximately-5 years 3 months
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

The plaintiffs, Sasi and Soumini, are seeking a permanent prohibitory injunction against the defendant, Chokli, who attempted to obstruct their access to a pathway critical for their property. The case was brought due to concerns over the defendant's attempts to encroach on the pathway, impacting the plaintiffs' peaceful possession and enjoyment of their land.

Judgment Outcome

Plaintiff Won
Interim Order
The court decreed a permanent prohibitory injunction in favor of the plaintiffs, restraining the defendants from obstructing their use of the pathway and from altering its boundaries. Additionally, the plaintiffs were awarded costs associated with the suit.
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction restraining defendants from obstructing pathway, a decree against altering boundary, and costs of the suit.
Case Type
Civil Suit
Final Judgment
No
The court decreed a permanent prohibitory injunction in favor of the plaintiffs, restraining the defendants from obstructing their use of the pathway and from altering its boundaries. Additionally, the plaintiffs were awarded costs associated with the suit.
Why Plaintiff Won:
The plaintiff's claims were supported by unrebutted evidence and testimonies.
Losing Side's Weaknesses:
The plaintiff's claims were supported by unrebutted evidence and testimonies.
Supporting Evidence
The unrebutted oral testimony of PW1 and Exts. A1 to A12 and Ext. C1 series established his case as pleaded by him. In the absence of any countervailing evidence to contradict these proof of plaint claim and Exhibits, I learn that same remains uncontroverted and accordingly admitted.

Judgment Evidence:

In the result, suit is decreed as follows. 1. A decree of permanent prohibitory injunction is hereby passed restraining the defendants, their men and agents from causing any obstruction to the plaintiff and their men, in enjoying and using the plaint B schedule pathway.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Sasi
Party Age
52
Relation
S/o
Party Role
Plaintiff
Party Name
Soumini
Party Age
45
Relation
W/o
Party Role
Defendant
Party Name
Chokli
Party Age
76
Relation
S/o
Party Role
Defendant
Party Name
Kalu kurumba
Party Age
74
Relation
W/o
Party Role
Defendant
Party Name
Gouri
Party Age
68
Relation
D/o
Party Role
Defendant
Party Name
Valli
Party Age
58
Relation
D/o
Party Role
Defendant
Party Name
Sobhana
Party Age
52
Relation
D/o
Plaintiffs Documents
Sale deed No. 27/98/1995, Sale deed No. 2597/2004, Tax receipts dated 29.05.2019, 16.07.2019, 04.11.2024, 05.08.2024, Possession certificates dated 20.06.2018, 06.11.2024.
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Joseph Shylan T.M.
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Arsha K.J.
Appearance Type
Assisting Counsel
Party Role
Plaintiff
Advocate Name
Jomol T.S.
Appearance Type
Assisting Counsel

Reliefs

Relief Type: Permanent Injunction
Outcome: Granted
Description:
A decree of permanent prohibitory injunction restraining the defendants from causing any obstruction to the plaintiff in enjoying and using the plaint B schedule pathway.
Evidence:
A decree of permanent prohibitory injunction is hereby passed restraining the defendants, their men and agents from causing any obstruction to the plaintiff and their men, in enjoying and using the plaint B schedule pathway.
Relief Type: Permanent Injunction
Outcome: Granted
Description:
A decree of permanent prohibitory injunction restraining the defendants from altering the lie and nature of the southwestern boundary of the plaint B schedule pathway.
Evidence:
A decree of permanent prohibitory injunction is passed restraining the defendants and their men and agents from altering the lie and nature of the southwestern boundary of the plaint B schedule pathway.
Relief Type: Other
Outcome: Granted
Description:
The plaintiff is entitled to realize costs of the suit from defendants and from their assets.
Evidence:
The plaintiff is entitled to realize costs of the suit from defendants and from their assets.

Documents & Evidence

Document Type: Sale deed
Submitted By: Plaintiff
Relevance:
Original sale deed establishing ownership of property.
Reference:
Ext.A1
Document Type: Sale deed
Submitted By: Plaintiff
Relevance:
Original sale deed establishing ownership of property.
Reference:
Ext.A2
Document Type: Tax receipt
Submitted By: Plaintiff
Relevance:
Tax receipt supporting the plaintiffs' claim to the property.
Reference:
Ext.A3
Document Type: Tax receipt
Submitted By: Plaintiff
Relevance:
Tax receipt supporting the plaintiffs' claim to the property.
Reference:
Ext.A4
Document Type: Building Tax Receipt
Submitted By: Plaintiff
Relevance:
Tax receipt supporting the plaintiffs' claim to the property.
Reference:
Ext.A5
Document Type: Possession Certificate
Submitted By: Plaintiff
Relevance:
Possession certificate in the name of the 1st plaintiff supporting occupancy claims.
Reference:
Ext.A6
Document Type: Possession Certificate
Submitted By: Plaintiff
Relevance:
Possession certificate in the name of the 2nd plaintiff supporting occupancy claims.
Reference:
Ext.A7
Document Type: Tax receipt
Submitted By: Plaintiff
Relevance:
Tax receipt supporting the plaintiffs' claim to the property.
Reference:
Ext.A8
Document Type: Tax receipt
Submitted By: Plaintiff
Relevance:
Tax receipt supporting the plaintiffs' claim to the property.
Reference:
Ext.A9
Document Type: Property Tax Receipt
Submitted By: Plaintiff
Relevance:
Tax receipt supporting the plaintiffs' claim to the property.
Reference:
Ext.A10
Document Type: Possession Certificate
Submitted By: Plaintiff
Relevance:
Possession certificate supporting occupancy claims.
Reference:
Ext.A11
Document Type: Possession Certificate
Submitted By: Plaintiff
Relevance:
Possession certificate supporting occupancy claims.
Reference:
Ext.A12
Document Type: Commitment Report and Sketch
Submitted By: Court
Relevance:
Evidence accepted and marked in support of the plaintiffs' case.
Reference:
Ext.C1
Document Type: Oral Evidence
Submitted By: Unknown
Relevance:
Unrebutted oral testimony of PW1 establishing the plaintiffs' case.
Reference:

Case Classification

Case Type
Civil Suit
Category
Injunction and Access Rights
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Unauthorized occupation
Case Code
Case between Sasi vs Chokli et al regarding Permanent prohibitory injunction
Case Code Year
Case between Sasi vs Chokli et al regarding Permanent prohibitory injunction

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Mon, 11/25/2019 - 12:00
Case Closed
From
Wed, 01/01/2025 - 12:00
To
Fri, 01/31/2025 - 12:00
Outcome Confidence
85%

Involved Entities

Private Individual

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