Case Summary
The plaintiff, Shaji, claims a right of way through item No. 3 pathway, which the defendants, Thankappan and Chellamma, have obstructed. The suit involves allegations of illegal obstruction on the pathway leading to the plaintiff's property.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The suit filed by the plaintiff seeking a mandatory and prohibitory injunction is dismissed. The court found that the plaintiff failed to prove the existence of the claimed pathway.
Key Reasoning:
The plaintiff failed to prove a prima facie case for the decree sought.
The plaintiff failed to prove a prima facie case for the decree sought.
Why Defendant Won:
The plaintiff failed to prove a prima facie case for the decree sought.
The plaintiff failed to prove a prima facie case for the decree sought.
Supporting Evidence
The plaintiff had failed to prove balance of convenience in his favour.
Judgment Evidence:
In the result, the suit is dismissed.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Shaji
- Party Age
- 45
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Thankappan
- Party Age
- 83
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Chellamma
- Party Age
- 75
- Relation
- D/o
Plaintiffs Documents
Sale deed No.234/2009, Tax Receipt of Kallara Village Office, Copy of partition deed No.1961/1996, Photocopy of Application made to Kaduthuruthy K.S.E.B, Photocopy of complaint submitted by one defendant before Assistant Engineer K.S.E.B
Defendants Documents
Photograph 12 numbers, Compact Disc
Advocates
- Party Role
- Plaintiff
- Advocate Name
- P.R.Pramod
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Anish Gopal
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Refused
Description:
The plaintiff sought a mandatory injunction to remove the obstruction on item No.3 pathway.
Evidence:
The plaintiff is not entitled to a decree of mandatory injunction. He had failed to prove a prima facie case.
Relief Type:
Permanent Injunction
Outcome:
Refused
Description:
The plaintiff sought a permanent prohibitory injunction against the defendants.
Evidence:
I am not inclined to grant a permanent prohibitory injunction as sought for.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Proves the plaintiff's ownership of the plaint schedule item No.1 property.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Supports the plaintiff's claim of ownership and possession of the property.
Reference:
Ext.A2
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
Demonstrates the division of ancestral property related to the defendants.
Reference:
Ext.A3
Document Type:
Electricity Connection Application
Submitted By:
Plaintiff
Relevance:
Shows the plaintiff's attempt to obtain an electricity connection and the obstruction faced.
Reference:
Ext.A4
Document Type:
Photograph
Submitted By:
Defendant
Relevance:
Evidence related to the second defendant's claims.
Reference:
Ext.B1
Document Type:
Compact Disc
Submitted By:
Defendant
Relevance:
Evidence related to the second defendant's claims.
Reference:
Ext.B2
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Provides findings related to the path claimed by the plaintiff.
Reference:
Ext.C1
Document Type:
Rough Sketch
Submitted By:
Court
Relevance:
Accompanies the Commission Report and illustrates the properties involved.
Reference:
Ext.C1(a)
Document Type:
Survey Commission Report
Submitted By:
Court
Relevance:
Details findings regarding the pathways and constructions in relation to the properties.
Reference:
Ext.C2
Document Type:
Survey Plan
Submitted By:
Court
Relevance:
Visual representation of the property layout that influences the court's decision.
Reference:
Ext.C2(a)
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Vaikom
Common Reasons
Obstruction of right of way
Case Code
Case between Shaji vs Thankappan, Chellamma regarding permanent prohibitory injunction and mandatory injunction
Case Code Year
Case between Shaji vs Thankappan, Chellamma regarding permanent prohibitory injunction and mandatory injunction