Case Summary
The petitioners are seeking an injunction against the defendant to maintain access to a pathway critical for their property. The defendant has allegedly obstructed this pathway, leading to disputes over property rights.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Maintaining status quo of the Plaint B Schedule pathway
Case Type
Injunction
Final Judgment
No
The court allowed the petition to maintain the status quo of the disputed pathway until the suit's disposal. Both parties are required to avoid any alterations to the pathway.
Why Plaintiff Won:
The court found that the balance of convenience favored the plaintiffs as the removal of their constructions would cause irreparable harm.
The court found that the balance of convenience favored the plaintiffs as the removal of their constructions would cause irreparable harm.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The scale of balance of convenience leans towards the order, as sought for, on that score.
Judgment Evidence:
This application has to be allowed in such terms, by invoking powers of this Court under O. XXXIX R. 1 of the Code. Ex consequenti, this petition is allowed under O. XXXIX R. 1 of the Code.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Shameer
- Party Age
- 40
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Abdul Azeez
- Party Age
- 68
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Thajunnisa@ Sajuma Beevi
- Party Age
- 64
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Manek Sha John @ Roy
- Party Age
- 50
- Relation
- S/o
Plaintiffs Documents
Certified copy of Settlement deed No.372/22, Land Tax receipt
Defendants Documents
Photocopy of Sale deed No.669/99, Land Tax receipt, Photograph
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. A.R.Laiju
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- K.Satheesan Cherumoodu
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Injunction
Outcome:
Granted
Description:
A temporary injunction to maintain status quo of the Plaint B Schedule pathway.
Evidence:
Ex consequenti, this petition is allowed under O. XXXIX R. 1 of the Code. Both parties are directed to maintain status quo of the Plaint B Schedule pathway.
Documents & Evidence
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Proves the ownership of the first petitioner over the plaint A schedule property.
Reference:
Ext.A1
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Serves as evidence of tax payment related to the plaint property.
Reference:
Ext.A2
Document Type:
Sale deed
Submitted By:
Defendant
Relevance:
Demonstrates the defendant's claim and rights over the pathway.
Reference:
Ext.B1
Document Type:
Land Tax Receipt
Submitted By:
Defendant
Relevance:
Serves as evidence of tax payment related to the defendant's property.
Reference:
Ext.B2
Document Type:
Photograph
Submitted By:
Defendant
Relevance:
Visual evidence relevant to the dispute over the pathway.
Reference:
Ext.B3
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Provides an account of the site conditions and the pathway in dispute.
Reference:
Ext.C1
Document Type:
Mahazar
Submitted By:
Court
Relevance:
Official report detailing the observations made by the Advocate Commissioner.
Reference:
Ext.C1(a)
Document Type:
Rough Sketch
Submitted By:
Court
Relevance:
Illustrates the layout of the properties involved in the dispute.
Reference:
Ext.C1(b)
Case Classification
Case Type
Injunction
Category
Injunction and Access Rights
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Case Code
OS.NO.
Case Code Year
2024