Case Summary
Sreekala V. sued Ratheesh L., Gireesh L., and Girija for a permanent prohibitory injunction regarding property ownership and access rights. The plaintiff alleges encroachment and wrongful actions by the defendants related to a shared pathway.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Permanent prohibitory injunction restraining the plaintiff from obstructing the peaceful enjoyment of the pathway by the defendants.
Case Type
Civil Suit
Final Judgment
No
The court dismissed the plaintiff's suit and upheld the counter-claim of the defendants, granting them a permanent prohibitory injunction.
Key Reasoning:
Why Defendant Won:
Supporting Evidence
Judgment Evidence:
In the result, the counter claim is decreed as follows: (i) Permanent prohibitory injunction restraining the plaintiff/counter claim defendant and his henchmen from obstructing or interfering in any manner with the 2 & 3 defendants/1 and 2 counter claim plaintiffs’ peaceful enjoyment over the counter claim schedule pathway.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sreekala V.
- Party Age
- 61
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Ratheesh L.
- Party Age
- 41
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Gireesh L.
- Party Age
- 46
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Girija
- Party Age
- 68
- Relation
- W/o
Plaintiffs Documents
Sale deed No.1213/2011 dated 28/03/2011 of SRO, Kazhakuttom.
Defendants Documents
Sale deed No.3614/2008, Gift deed No.1200/2020, Sale deed No.1080/1960, Sale deed No.2001/1986.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. M.S. Sankarankutty
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt. Resmi K.
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. S. Williams
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Ajun Krishna U.S.
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Niju K. Raj
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Permanent prohibitory injunction restraining the plaintiff from obstructing the defendants' use of the pathway.
Evidence:
the counter claim plaintiff is entitled to realise costs of the suit from the counter claim defendants and their assets.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Defendant
Relevance:
Original sale deed No.3614/2008 of Kazhakuttom SRO supports the counter claim.
Reference:
Ext.B1
Document Type:
Gift Deed
Submitted By:
Defendant
Relevance:
Gift deed No.1200/2020 evidences the transfer of property.
Reference:
Ext.B2
Document Type:
Sale deed
Submitted By:
Defendant
Relevance:
Original sale deed No.1080/1960 provides historical ownership details.
Reference:
Ext.B3
Document Type:
Sale deed
Submitted By:
Defendant
Relevance:
Original sale deed No.2001/1986 supports historical claims about the pathway.
Reference:
Ext.B4
Document Type:
Location Sketch
Submitted By:
Defendant
Relevance:
Location sketch No.1816/22 shows the pathway and its relation to properties.
Reference:
Ext.B5
Document Type:
Other Document
Submitted By:
Defendant
Relevance:
Copy of OP (Caveat) received by the defendants that is relevant to the case.
Reference:
Ext.B6
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Case Code
Case between Sreekala V. vs Ratheesh L., Gireesh L., Girija regarding permanent prohibitory injunction.
Case Code Year
Case between Sreekala V. vs Ratheesh L., Gireesh L., Girija regarding permanent prohibitory injunction.