Case Summary
This case involves a dispute between Syam and Rugmini as plaintiffs and Bhavani, Rejani, and Thulasi as defendants regarding access to a pathway. The plaintiffs seek a permanent injunction against the defendants for interfering with their access to their property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent injunction against the defendants from trespassing into the plaint B schedule pathway.
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiffs, granting a permanent injunction against the defendants to prevent them from encroaching upon the pathway and interfering with the plaintiffs' access.
Why Plaintiff Won:
The plaintiffs successfully established their ownership and need for unobstructed access to their property.
The plaintiffs successfully established their ownership and need for unobstructed access to their property.
Losing Side's Weaknesses:
The plaintiffs successfully established their ownership and need for unobstructed access to their property.
The plaintiffs successfully established their ownership and need for unobstructed access to their property.
Supporting Evidence
The plaintiffs have established their case and are entitled to a decree of permanent prohibitory injunction as prayed for.
Judgment Evidence:
In the result, the counter claim is dismissed and the suit is decreed with costs as follows. i. The defendants 1 to 3 and their men are permanently restrained from trespassing into the plaint B schedule pathway, causing any obstruction to the plaintiffs’ vehicular access through the B schedule pathway to the A schedule property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Syam
- Party Age
- 38
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Rugmini
- Party Age
- 60
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Bhavani
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Rejani
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Thulasi
- Relation
- H/o
Plaintiffs Documents
Certified copy of settlement deed No. 1251/2015, Tax receipt dated 10/06/2025, Complaints submitted to the Kollam Corporation and Police.
Defendants Documents
Photocopy of title deed.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- R. Rajeev
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- R. Bahuleyan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Restraining the defendants from trespassing into the B schedule pathway.
Evidence:
The defendants 1 to 3 and their men are permanently restrained from trespassing into the plaint B schedule pathway, causing any obstruction to the plaintiffs’ vehicular access through the B schedule pathway to the A schedule property.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiffs are entitled to realise costs of the proceedings from the defendants.
Evidence:
The plaintiffs are entitled to realise costs of the proceedings from the defendants.
Relief Type:
Permanent Injunction
Outcome:
Refused
Description:
Counter claim for permanent injunction by the defendants against the plaintiffs.
Evidence:
the counter claim is dismissed
Documents & Evidence
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Establishes the ownership of the first plaintiff over the A schedule property.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Proves that the first plaintiff is paying land tax in respect of the A schedule property.
Reference:
Ext.A2
Document Type:
Complaint
Submitted By:
Plaintiff
Relevance:
Documents the grievances of the first plaintiff regarding obstruction caused by the defendants.
Reference:
Ext.A3
Document Type:
Receipt
Submitted By:
Plaintiff
Relevance:
Confirms receipt of the complaint submitted to the Kollam Corporation.
Reference:
Ext.A4
Document Type:
Complaint
Submitted By:
Plaintiff
Relevance:
Documents a similar complaint submitted to the Kollam East Police Station.
Reference:
Ext.A5
Document Type:
Receipt
Submitted By:
Plaintiff
Relevance:
Confirms receipt of the complaint submitted to the Kollam East Police Station.
Reference:
Ext.A6
Document Type:
Resurvey Plan
Submitted By:
Plaintiff
Relevance:
Provides details on the pathway in question.
Reference:
Ext.A7
Document Type:
Commission Report
Submitted By:
Plaintiff
Relevance:
Contains references to the B schedule pathway and the measurements.
Reference:
Ext.A8
Document Type:
Survey Plan
Submitted By:
Plaintiff
Relevance:
Attached to the commission report and illustrates the B schedule pathway.
Reference:
Ext.A8(a)
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Provides findings based on the measurement of the B schedule pathway.
Reference:
Ext.C1 series
Document Type:
Title deed
Submitted By:
Defendant
Relevance:
Supports the defendants' claim regarding ownership and possession.
Reference:
Ext.B1
Document Type:
Tax receipt
Submitted By:
Defendant
Relevance:
Proves that the defendants are paying tax in respect of the counter claim schedule property.
Reference:
Ext.B2
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Unauthorized occupation
Case Code
Case between Syam vs Bhavani regarding permanent prohibitory injunction
Case Code Year
Case between Syam vs Bhavani regarding permanent prohibitory injunction