Case Summary
The plaintiffs, Thomas and Midhun Thomas, seek a permanent prohibitory injunction against the defendants, Anil Kumar and Sheeja, regarding the use of a pathway adjacent to the property. The plaintiffs claim ownership of the pathway and allege that the defendants are attempting to unlawfully sell part of their property by misrepresenting access to this pathway.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
Key Reasoning:
The plaintiffs could not establish exclusive rights over the property claimed in the suit.
The plaintiffs could not establish exclusive rights over the property claimed in the suit.
Judgment Evidence:
In the result, 1) Suit is dismissed with costs. 2) Counter claim is dismissed with costs.
Parties Involved
Plaintiffs
Thomas (61 years years)
Kureekkadu Desom, Kureekkadu Village, Kanayannur Taluk
Midhun Thomas (Age not specified years)
Kureekkadu Desom, Kureekkadu Village, Kanayannur Taluk
Defendants
Anil Kumar (about 53 years years)
Near Udaya Club, Kureekkadu Desom, Kanayannur Taluk, 682 308
Sheeja (about 51 years years)
Muttathil House, Near Udaya Club, Kureekkadu Desom, Kanayannur Taluk, 682 308
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Refused
Description:
Plaintiffs sought a permanent prohibitory injunction restraining the defendants from trespassing into the C schedule pathway.
Evidence:
Therefore plaintiff cannot claim a suit for injunction especially when the right of way over the property was given to the other parties and plaintiff has no exclusive possession over plaint C schedule pathway.
Relief Type:
Recovery
Outcome:
Refused
Description:
Plaintiffs denied defendants' counter claim for recovery of expenses amounting to Rs. 50,000/- for unnecessary litigation.
Evidence:
Therefore, collecting supporting documents is a consequential outcome only.
Documents & Evidence
Document Type:
Gift Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Gift deed no: 1831/1989 of Mulanthuruthy SRO
Reference:
Ext.A1
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Sale deed no: 2735/2001 of Mulanthuruthy SRO
Reference:
Ext.A2
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Settlement no: 2556/1995 of Mulanthuruthy SRO
Reference:
Ext.A3
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Sale deed no: 2023/2021 of Mulanthuruthy SRO
Reference:
Ext.A4
Document Type:
Sale deed
Submitted By:
Defendant
Relevance:
Certified copy of Sale deed no: 1656/2005 of SRO Mulanthuruthy
Reference:
Ext.B1
Document Type:
Sale deed
Submitted By:
Defendant
Relevance:
Certified copy of Sale deed no: 1653/2005 of SRO Mulanthuruthy
Reference:
Ext.B2
Document Type:
Sale deed
Submitted By:
Defendant
Relevance:
Certified copy of Sale deed no: 1654/2005 of SRO Mulanthuruthy
Reference:
Ext.B3
Document Type:
Sale deed
Submitted By:
Defendant
Relevance:
Certified copy of Sale deed no: 1655/2005 of SRO Mulanthuruthy
Reference:
Ext.B4
Document Type:
Sale deed
Submitted By:
Defendant
Relevance:
Certified copy of Sale deed no: 794/2007 of SRO Mulanthuruthy
Reference:
Ext.B5
Document Type:
Thandaper Register
Submitted By:
Defendant
Relevance:
Relevant page of Thandaper Register in Re Survey no: 151/2020 of Village Office Kanayannur Group
Reference:
Ext.B6
Document Type:
Settlement Deed
Submitted By:
Defendant
Relevance:
Certified copy of Settlement deed no: 3065/2008 of SRO Mulamthuruthy
Reference:
Ext.B7
Document Type:
Sale deed
Submitted By:
Defendant
Relevance:
Certified copy of Sale deed no: 1560/1982 of SRO Mulamthuruthy
Reference:
Ext.B8
Document Type:
Encumbrance certificate
Submitted By:
Defendant
Relevance:
Encumbrance certificate issued by SRO Mulanthuruthy
Reference:
Ext.B9
Document Type:
KDIS Document
Submitted By:
Defendant
Relevance:
08.08.2003 KDIS No: 3074/03/82, issued by Additional Tahasildar Kanayannur Taluk
Reference:
Ext.B10
Document Type:
Photograph
Submitted By:
Defendant
Relevance:
Photograph
Reference:
Ext.B11(a)
Document Type:
Photograph
Submitted By:
Defendant
Relevance:
Photograph
Reference:
Ext.B11(b)
Document Type:
Photograph
Submitted By:
Defendant
Relevance:
Photograph
Reference:
Ext.B11(c)
Document Type:
Photograph
Submitted By:
Defendant
Relevance:
Photograph
Reference:
Ext.B11(d)
Document Type:
Commission Report
Submitted By:
Court
Relevance:
14.09.2020 Commission report in IA 2/2020
Reference:
Ext.C1
Document Type:
Rough Sketch
Submitted By:
Court
Relevance:
Rough Sketch
Reference:
Ext.C1(a)
Document Type:
Oral Evidence
Submitted By:
Oral evidence
Relevance:
Testimony provided by the witnesses PW1, PW2 for plaintiffs and DW1 for defendants.
Reference: