Case Summary
Plaintiff filed a suit seeking a declaration and perpetual injunction for a right of way dispute related to the plaintiff's property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Declaration and Permanent Prohibitory Injunction
Case Type
Civil Suit - Declaration and Perpetual Injunction
Final Judgment
No
Why Plaintiff Won:
The plaintiff adduced cogent and reliable evidence to prove the ownership and the right to use the road on the western side of the property.
The plaintiff adduced cogent and reliable evidence to prove the ownership and the right to use the road on the western side of the property.
Judgment Evidence:
It is hereby declared that the 2nd defendant has a right to use with vehicular access the road, which passes through the western side of the plaint schedule property. The first defendant and his men are restrained by a permanent prohibitory injunction from making any obstruction to the second defendant and his men, by constructing a wall or otherwise, so as to prevent the entry to the plaint schedule property through the point EF shown in the sketch attached to the plaint.
Parties Involved
Plaintiffs
Thankamani (45 years)
Kavilath Veedu, Post Mangalam, Chennara amsom, desom, Tirur Taluk
Defendants
Kelancheri Ganesan (45 years)
Kavilath Veed, Post Mangalam, Chennara amsom, desom, Tirur Taluk
Nanu (42 years)
Kavilath Veed, Post Mangalam, Chennara amsom, desom, Tirur Taluk
Reliefs
Relief Type:
Declaration
Outcome:
Granted
Description:
Declare the 2nd defendant's right to use the road passing through the western side of the plaintiff's property.
Evidence:
Relief Type:
Permanent Prohibitory Injunction
Outcome:
Granted
Description:
Perpetual injunction restraining the defendants from obstructing the entrance to the plaintiff's property through the western road.
Evidence:
Relief Type:
Cost of Suit
Outcome:
Unknown
Description:
Realizing the cost of the suit from the defendants.
Evidence:
Documents & Evidence
Document Type:
Assignment Deed
Submitted By:
Plaintiff
Relevance:
Ownership transfer of the plaint schedule property.
Reference:
Ext.A1
Document Type:
Assignment Deed
Submitted By:
Plaintiff
Relevance:
Ownership transfer of the plaint schedule property.
Reference:
Ext.A2
Document Type:
Assignment Deed
Submitted By:
Plaintiff
Relevance:
Ownership transfer of the plaint schedule property.
Reference:
Ext.A3
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Related to the property.
Reference:
Ext.A4
Document Type:
Commissioner Report
Submitted By:
Court
Relevance:
Report regarding the property.
Reference:
C1
Document Type:
Sketch
Submitted By:
Court
Relevance:
Sketch of the property.
Reference:
C2