Case Summary
The plaintiff, Sreedevi Amma. G., a 73-year-old widow suffering from cancer, filed a suit against her siblings, G. Sreekumari Amma and T. V. Manikantan Nair, regarding the obstruction of a pathway to her property. The plaintiff seeks to restrain the defendants from blocking access to the only pathway available to her land.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
A permanent prohibitory injunction is granted in favour of the plaintiff.
Case Type
Civil Suit
Final Judgment
No
The court granted a permanent prohibitory injunction in favor of the plaintiff, restraining the defendants from obstructing her access to the pathway leading to her property.
Why Plaintiff Won:
The plaintiff has established that the plaint B schedule pathway is the only pathway available for her ingress and egress to the plaint A schedule property.
The plaintiff has established that the plaint B schedule pathway is the only pathway available for her ingress and egress to the plaint A schedule property.
Losing Side's Weaknesses:
The plaintiff has established that the plaint B schedule pathway is the only pathway available for her ingress and egress to the plaint A schedule property.
The plaintiff has established that the plaint B schedule pathway is the only pathway available for her ingress and egress to the plaint A schedule property.
Supporting Evidence
The plaintiff has established through the unchallenged oral and documentary evidence that plaint B schedule pathway is the only pathway available for the plaintiff as ingress and egress to plaint A schedule property.
Judgment Evidence:
In the result, the suit is decreed as follows: 1.A permanent prohibitory injunction is granted in favour of the plaintiff and the defendants are restrained from committing any acts which will obstruct the use of plaint B schedule pathway by the plaintiff so as to reach plaint A schedule property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sreedevi Amma. G.
- Party Age
- 73
- Relation
- null
- Party Role
- Defendant
- Party Name
- G. Sreekumari Amma
- Party Age
- 71
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- T. V. Manikantan Nair
- Party Age
- 62
- Relation
- S/o
Plaintiffs Documents
Certified copy of partition deed No.3541/1982, Tax receipt dated 08.04.2024.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Smt. Anithas Jacob
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Permanent prohibitory injunction restraining the defendants from obstructing the plaintiff's use of the plaint B schedule pathway.
Evidence:
A permanent prohibitory injunction is granted in favour of the plaintiff and the defendants are restrained from committing any acts which will obstruct the use of plaint B schedule pathway by the plaintiff so as to reach plaint A schedule property.
Documents & Evidence
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of partition deed establishing ownership of the plaint A schedule property.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Tax receipt indicating the plaintiff's payment, supporting her ownership claim.
Reference:
Ext.A2
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report filed regarding the property and pathway in question.
Reference:
Ext.C1
Document Type:
Rough Sketch
Submitted By:
Court
Relevance:
Rough sketch prepared to illustrate the layout of the properties and pathways involved.
Reference:
Ext.C1(a)
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiffs Court, Varkala
Common Reasons
Case Code
Case between Sreedevi Amma. G. vs G. Sreekumari Amma et al regarding granting a decree of permanent prohibitory injunction
Case Code Year
Case between Sreedevi Amma. G. vs G. Sreekumari Amma et al regarding granting a decree of permanent prohibitory injunction