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
The court granted a declaration that the 2nd defendant has the right to use the road passing through the western side of the plaint schedule property. A permanent prohibitory injunction was issued against the first defendant to prevent any obstructions to the entrance of the plaint schedule property.
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.
Losing Side's Weaknesses:
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.
Supporting Evidence
Since the defendants opted to remain exparte, the evidence adduced by the plaintiff remained unchallenged. The plaintiff was examined as PW1 and documents Ext. A1 to A4 were marked on the side of the plaintiff.
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
Parties
- Party Role
- Plaintiff
- Party Name
- Thankamani
- Party Age
- 45
- Relation
- W/o. Nanu, D/o. Koolethu Valappil Ayyappan
- Party Role
- Defendant
- Party Name
- Kelancheri Ganesan
- Party Age
- 45
- Relation
- S/o. Velayuhdan Master
- Party Role
- Defendant
- Party Name
- Nanu
- Party Age
- 42
- Relation
- S/o. Koru
Plaintiffs Documents
Assignment deed No. 547/1995, Assignment deed No. 544/1995, Assignment deed No. 1927/1928, Tax receipt
Defendants Documents
Not available
Advocates
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
Case Classification
Case Type
Civil Suit - Declaration and Perpetual Injunction
Category
Injunction and Access Rights
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Property dispute
Case Code
Case between Thankamani vs Kelancheri Ganesan et al regarding right of way
Case Code Year
Case between Thankamani vs Kelancheri Ganesan et al regarding right of way