Case Summary
Sojan K. Thomas is the plaintiff seeking a permanent prohibitory injunction against Joseph and others. The plaintiff claims that he has the right to use a private road through the defendants' property for ingress and egress.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
A decree of permanent prohibitory injunction restraining the first defendant from obstructing the use of plaint schedule item No.2 road.
Case Type
Civil Suit
Final Judgment
No
The court granted the plaintiff's request for a permanent prohibitory injunction against the first defendant from obstructing the use of the private road. Additionally, the plaintiff is entitled to recover the costs from the first defendant.
Why Plaintiff Won:
The documentary evidence and statements supporting the plaintiff's right to access the road were unchallenged and provided sufficient grounds for the injunction.
The documentary evidence and statements supporting the plaintiff's right to access the road were unchallenged and provided sufficient grounds for the injunction.
Losing Side's Weaknesses:
The documentary evidence and statements supporting the plaintiff's right to access the road were unchallenged and provided sufficient grounds for the injunction.
The documentary evidence and statements supporting the plaintiff's right to access the road were unchallenged and provided sufficient grounds for the injunction.
Supporting Evidence
The statement of PW1 would show that the defendants are trying to obstruct the user of plaint schedule road by the plaintiff. The recitals in Ext.A1 and A2 would show the right of plaintiff to use the plaint schedule item No.2 without any obstruction.
Judgment Evidence:
In the result the suit is decreed as follows:- 1. A decree of permanent prohibitory injunction is granted restraining the first defendant from obstructing the use of plaint schedule item No.2 road by plaintiff for his ingress and egress to plaint schedule item No.1 property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sojan K. Thomas
- Party Age
- 67
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Joseph
- Party Age
- 57
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Chacko Varghese
- Party Age
- 75
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Thresiamma Augustine
- Party Age
- 73
Plaintiffs Documents
Sale deed No.3477/2007, Agreement No.110/2005, Tax receipt
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- P. Satheesh Chandran Nair
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- T.S Raju
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
A decree of permanent prohibitory injunction is granted restraining the first defendant from obstructing the use of plaint schedule item No.2 road by plaintiff.
Evidence:
In the result the suit is decreed as follows: A decree of permanent prohibitory injunction is granted restraining the first defendant from obstructing the use of plaint schedule item No.2 road by plaintiff for his ingress and egress to plaint schedule item No.1 property.
Relief Type:
Damages
Outcome:
Granted
Description:
Plaintiff is entitled to get the cost of the suit from the first defendant and his assets.
Evidence:
Plaintiff is entitled to get the cost of the suit from the first defendant and his assets.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
The document establishes the plaintiff's ownership of the property.
Reference:
Ext.A1
Document Type:
Agreement
Submitted By:
Plaintiff
Relevance:
This agreement details the right of the plaintiff to use the road for ingress and egress.
Reference:
Ext.A2
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
This document supports the ownership claims of the plaintiff.
Reference:
Ext.A3
Document Type:
Commission Report
Submitted By:
Court
Relevance:
This report was filed to provide evidence related to the case.
Reference:
Ext.C1
Document Type:
Rough Sketch
Submitted By:
Court
Relevance:
This sketch was submitted along with the commission report for consideration.
Reference:
Ext.C1(a)
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Kanjirappally
Common Reasons
Case Code
O.S
Case Code Year
2023