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
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
Why Plaintiff Won:
The plaintiff's claims were supported by unrebutted evidence and testimonies.
The plaintiff's claims were supported by unrebutted evidence and testimonies.
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
Plaintiffs
Sasi (52 years years)
Painakki Parambil, Kakkanad Kara, Kakkanad Village, Kanayannoor Taluk, Ernakulam District
Soumini (45 years years)
Kakkanad Kara Kakkanad Village, Kanayannoor, Taluk, Ernakulam District
Defendants
Chokli (76 years years)
Malayilparambil, Kakkanad Kara, Kakkanad Village, Kanayannur Taluk, Ernakulam District
Kalu kurumba (74 years years)
Malayil parambil, Kakkanad Kara, kakkanad Village, Kanayannoor Taluk, Ernakulam District
Gouri (68 years years)
Malayil parambil, Luksham veedu Kolony, Nilampadinjamughal, Kakkanad kara, Kakkanad Village, Kanayannoor Taluk, Ernakulam District
Valli (58 years years)
Mangattu, 3 cent colony, Nilampadinjamughal, Kakkanadu kara, Kakkanad Village, Kanayanoor Taluk, Emakulam District
Sobhana (52 years years)
Malayil parambil, Kakkanad Kara, Kakkanad Village, Kanayanoor Taluk, Ernakulam
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: