Case Summary
The plaintiffs, Shaiju C B and his mother Saraswathy, seek a prohibitory injunction against the defendants, including neighbor Chandran, to prevent them from trespassing on a pathway claimed by the plaintiffs. This lawsuit arises from a dispute over property access and ownership rights.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The suit was dismissed as the plaintiffs failed to prove their case, including exclusive ownership over the pathway claimed.
Key Reasoning:
The plaintiffs could not establish their claims over the pathway based on the evidence presented.
The plaintiffs could not establish their claims over the pathway based on the evidence presented.
Why Defendant Won:
The plaintiffs could not establish their claims over the pathway based on the evidence presented.
The plaintiffs could not establish their claims over the pathway based on the evidence presented.
Supporting Evidence
On perusal of Ext.B11 and Ext.A1 and A2 and also from the evidence of PW1 and DW1, it is evident that 2nd plaintiff has no exclusive ownership over the plaint C schedule pathway and plaintiffs have failed to prove that they are in exclusive possession of plaint C schedule pathway.
Judgment Evidence:
In the result, suit is dismissed with costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Shaiju C B
- Party Age
- 38
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Saraswathy
- Party Age
- 65
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Chandran
- Party Age
- 58
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Santhosh E K
- Party Age
- 50
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sindhu E K
- Party Age
- 47
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Seena
- Party Age
- 44
- Relation
- D/o
Plaintiffs Documents
Settlement deed No: 1547/2019 of Thripunithura SRO, Settlement deed No: 1417/2002 of Thripunithura SRO
Defendants Documents
Photographs, Certified copy of document no: 2812/1992 of Thripunithura SRO, Final report in CC 520/2020, Final report in CC 115/2021
Advocates
- Party Role
- Plaintiff
- Advocate Name
- K Muhammed Rafeeq
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- E P Sanaldev
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sunil Nair Palakkat
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Muhammed Ajeesh P B
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Refused
Description:
To restrain the 1st defendant from trespassing and interfering with the plaintiffs' use of the C schedule pathway.
Evidence:
Hence plaintiffs are not entitled to a decree of prohibitory injunction as claimed for.
Relief Type:
Declaration
Outcome:
Refused
Description:
To declare that the plaint C schedule pathway is exclusively owned and possessed by the 2nd plaintiff.
Evidence:
Hence plaintiffs have failed to prove their case and hence plaintiffs are not entitled for a decree of declaration as sought for.
Documents & Evidence
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Establishes the ownership and possession of the plaint A schedule property by the 1st plaintiff.
Reference:
Ext.A1
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Provides prior information relevant to the property owned by the plaintiffs.
Reference:
Ext.A2
Document Type:
Photograph
Submitted By:
Defendant
Relevance:
Evidence regarding the condition and usage of the pathway in dispute.
Reference:
Ext.B1 to B6
Document Type:
Certified copy of document
Submitted By:
Defendant
Relevance:
Establishes the 1st defendant's right of way over the 5 links pathway.
Reference:
Ext.B11
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Identifies the dimensions and boundaries of the plaint C schedule pathway.
Reference:
Ext.C1
Document Type:
Sketch
Submitted By:
Court
Relevance:
Visual representation of the plaint C schedule property boundaries.
Reference:
Ext.C1(a)
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between Shaiju C B vs Chandran et al regarding permanent prohibitory injunction
Case Code Year
Case between Shaiju C B vs Chandran et al regarding permanent prohibitory injunction