Case Summary
T A Antony, the plaintiff, is seeking a permanent prohibitory injunction against the defendants, Shelvin John and Pushpa @ Mary, to prevent them from demolishing a wall and obstructing access to a pathway. The case revolves around property rights and threats made by the defendants regarding the plaintiff's use of his land.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction restraining the defendants from demolishing the wall and obstructing the plaintiff's use of the pathway
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The unchallenged oral and documentary evidence is sufficient to grant a decree in favor of the plaintiff.
The unchallenged oral and documentary evidence is sufficient to grant a decree in favor of the plaintiff.
Judgment Evidence:
In the result, suit is decreed on the following terms. Defendants are restrained by a permanent prohibitory injunction from demolishing the wall situated on the southern and western side of the plaint A schedule property and from obstructing the plaintiff in the matter of user and enjoyment of the B schedule pathway.
Parties Involved
Plaintiffs
T A Antony (65 years)
Thirunilath House, Punathil Road, Vennala Kara, Edappally South Village, Kanayannur Taluk, Ernakulam District
Defendants
Shelvin John (22 years)
Thirunilath House, Chilavannur South, Near Heera Water Heights Apartment, Elamkulam Village, Kanayannur Taluk, Ernakulam
Pushpa @ Mary (50 years)
Thirunilath House, Chilavannur South, Near Heera Water Heights Apartment, Elamkulam Village, Kanayannur Taluk, Ernakulam
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Permanent prohibitory injunction restraining the defendants from demolishing the wall and obstructing the plaintiff's use of the pathway.
Evidence:
Defendants are restrained by a permanent prohibitory injunction from demolishing the wall situated on the southern and western side of the plaint A schedule property and from obstructing the plaintiff in the matter of user and enjoyment of the B schedule pathway.
Relief Type:
Costs
Outcome:
Granted
Description:
Plaintiff claims costs of the suit from the defendants.
Evidence:
Defendants are directed to pay costs of the suit to plaintiff.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Sale deed no: 4078/2019 of SRO, Ernakulam
Reference:
Ext.A1
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Settlement deed 4053/2015 SRO, Ernakulam
Reference:
Ext.A2
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Sale deed no: 2945/2012 SRO, Ernakulam
Reference:
Ext.A3
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of the Sale deed no: 5240/2007 of SRO, Ernakulam
Reference:
Ext.A4
Document Type:
Location Sketch
Submitted By:
Plaintiff
Relevance:
Photocopy of location sketch (Subject to proof)
Reference:
Ext.A5
Document Type:
Basic Tax Receipt
Submitted By:
Plaintiff
Relevance:
Certified copy of Basic tax receipt
Reference:
Ext.A6
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report in IA 2/2020 that supported the plaintiff's claims
Reference:
Ext.C1