Case Summary
The plaintiffs are seeking a permanent prohibitory injunction against the defendant for allegedly attempting to block their access to a private pathway. The defendant has constructed a building, which the plaintiffs claim encroaches on their pathway.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
Key Reasoning:
The plaintiffs did not prove their claims regarding the width of the pathway or the alleged blocking.
The plaintiffs did not prove their claims regarding the width of the pathway or the alleged blocking.
Judgment Evidence:
In the result, the suit is dismissed. No costs.
Parties Involved
Plaintiffs
Thankkamani (64 years)
Panchikkapadathu House, Peringottumugal, Vadakod P.O, Kangarapady, Pin 682021
Sarasa (74 years)
Panchikkapadathu House, Peringottumugal, Vadakod P.O, Kangarapady, Pin 682021
Rathnam (67 years)
Panchikkapadathu House, Peringottumugal, Vadakod P.O, Kangarapady, Pin 682021
Defendants
Abhimon (42 years)
Nedumkulangara House, Peringottumugal, Vadakode P.O, Kangarapady, Pin 682021
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Refused
Description:
Plaintiffs sought to restrain the defendant from encroaching on the pathway.
Evidence:
Hence PW1 had not made out any case to grant injunction in his favour.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Plaintiff claims ownership and possession of the property based on this sale deed.
Reference:
Ext.A1
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Document supports plaintiff's claim regarding the width and use of the pathway.
Reference:
Ext.A2
Document Type:
Certificate
Submitted By:
Defendant
Relevance:
Establishes the defendant's title and possession of property.
Reference:
Ext.B1
Document Type:
Tax receipt
Submitted By:
Defendant
Relevance:
Shows defendant is paying land tax, indicating ownership.
Reference:
Ext.B2
Document Type:
Notice of Inspection
Submitted By:
Defendant
Relevance:
Related to the survey conducted on the property.
Reference:
Ext.B3
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Court's report regarding the measurements and conditions of the property.
Reference:
Ext.C1
Document Type:
Rough Sketch
Submitted By:
Court
Relevance:
Visual representation accompanying the commission report.
Reference:
Ext.C1(a)