Case Summary
The plaintiffs, Sumathi and others, are seeking a permanent prohibitory injunction against the defendant, Kolleri Mannangottu Premavally, to prevent obstruction of their access to a property through a pathway. The case involves claims of prescriptive rights over the pathway and disputes about the property boundaries.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The suit is dismissed with costs to the defendant, as the court found insufficient evidence to support the plaintiffs' claims regarding their prescriptive rights over the pathway.
Key Reasoning:
The plaintiffs did not provide consistent evidence to establish their prescriptive rights over the pathway.
The plaintiffs did not provide consistent evidence to establish their prescriptive rights over the pathway.
Why Defendant Won:
The plaintiffs did not provide consistent evidence to establish their prescriptive rights over the pathway.
The plaintiffs did not provide consistent evidence to establish their prescriptive rights over the pathway.
Supporting Evidence
The plaintiffs did not establish a clear claim of prescriptive rights over the pathway, leading to the dismissal of their suit.
Judgment Evidence:
In the result, the suit is dismissed with costs to the defendant.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sumathi
- Party Age
- 73
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Dhamayanthi
- Party Age
- 67
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Sujatha
- Party Age
- 50
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- T.P.Ratheesh
- Party Age
- 34
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Ajesh
- Party Age
- 32
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Kolleri Mannangottu Premavally
- Party Age
- 61
- Relation
- D/o
Plaintiffs Documents
Certified copy of Will No.40/1990, Original location Map No.45/2018, Original location certificate No.44/2018, Original Land Tax Receipts
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.Anil Viswanath
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. N.Manoj
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Refused
Description:
Request for a permanent prohibitory injunction to restrain the defendant from obstructing the plaintiffs’ use of the plaint B schedule property.
Evidence:
Therefore, the plaintiff is not entitled to a decree as sought for.
Documents & Evidence
Document Type:
Will
Submitted By:
Plaintiff
Relevance:
Certified copy of Will No.40/1990 which shows the plaintiffs' rights over the property.
Reference:
Ext.A1
Document Type:
Location Map
Submitted By:
Plaintiff
Relevance:
Original location Map No.45/2018 which supports the claim of the plaintiffs regarding the layout of the property.
Reference:
Ext.A2
Document Type:
Location Certificate
Submitted By:
Plaintiff
Relevance:
Original location certificate No.44/2018 which further corroborates the plaintiffs' claims.
Reference:
Ext.A3
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Original Land Tax Receipts issued from Ramanattukara Village Office that demonstrate the plaintiffs' financial responsibility for the property.
Reference:
Ext.A4
Document Type:
Title deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Title Deed bearing No.1789/1999 which affirms the ownership of the plaintiffs over the property.
Reference:
Ext.A5
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Report by Advocate Commissioner which reports on the existence of the way leading to the property.
Reference:
Ext.C1
Document Type:
Sketch
Submitted By:
Court
Relevance:
Sketch submitted by Advocate Commissioner which supports the findings in the commission report.
Reference:
Ext.C2
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Case Code
Case between Sumathi et al vs Kolleri Mannangottu Premavally regarding permanent prohibitory injunction
Case Code Year
Case between Sumathi et al vs Kolleri Mannangottu Premavally regarding permanent prohibitory injunction