Case Summary
Thomas and Joy filed a petition seeking a temporary injunction against Biju Thomas and Eldho T.V. regarding the use of certain pathways on the property. The court examined the rights of access to the properties in question.
Judgment Outcome
Judgment Favored
Partial
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court allowed the petition for a temporary injunction in part, which restrains the respondents from obstructing the plaintiffs' use of the C schedule way. However, the defendants were also granted relief preventing the plaintiffs from interfering with the B schedule pathway.
Key Reasoning:
The plaintiffs were found to have a prima facie case regarding the use of the C schedule way.
The plaintiffs were found to have a prima facie case regarding the use of the C schedule way.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The plaintiffs are using plaint B and C schedule way to have access to their property which goes to show a prima facie case in favour of plaintiffs pertaining to plaint C schedule way.
Judgment Evidence:
In the result, I.A 2/24 is allowed in part as follows: Defendants are restrained from closing plaint C schedule way or reduce its width or destroy the plaint C schedule way or obstruct the vehicular transportation through plaint C schedule way.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Thomas
- Party Age
- 70
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Joy K.T.
- Party Age
- 40
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Biju Thomas
- Party Age
- 44
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Eldho T.V.
- Party Age
- 48
- Relation
- S/o
Plaintiffs Documents
Copy of the partition deed No. 1174/1980, copy of the settlement deed No. 1292/2014, land tax receipt of thandaper No.6343.
Defendants Documents
Copy of the sale deed No. 7717/2022, land tax receipt of thandaper No.11802.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- K.M. Alias
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- P.V. Shiji
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Lakshmi Raj
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Paul K. Varghese
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- A.R. Bejoy
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Athira Augustine
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Charles Devassy
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Temporary Injunction
Outcome:
Granted
Description:
Defendants are restrained from closing plaint C schedule way or reduce its width.
Evidence:
Defendants are restrained from closing plaint C schedule way or reduce its width or destroy the plaint C schedule way or obstruct the vehicular transportation through plaint C schedule way or do any obstructions in the plaint C schedule way or do any act detrimental to the rights of the plaintiffs over plaint C schedule way, by way of temporary injunction.
Relief Type:
Temporary Injunction
Outcome:
Refused
Description:
Plaintiffs are not entitled to injunction regarding plaint B schedule.
Evidence:
Hence, the petition is to be dismissed.
Documents & Evidence
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
This document evidences the partition of property relevant to the case.
Reference:
Ext.A1
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
This document relates to the sale of property central to the plaintiff's claims.
Reference:
Ext.A2
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
This document shows the assignment of property rights from the first to the second plaintiff.
Reference:
Ext.A3
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
This document is related to the plaintiff's claims concerning property assignment.
Reference:
Ext.A4
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
This document provides evidence of tax payment related to the plaintiff's property.
Reference:
Ext.A5
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
This document is significant for asserting the plaintiff's claim over the B schedule property.
Reference:
Ext.A6
Document Type:
Sale deed
Submitted By:
Defendant
Relevance:
This document evidences the property purchased by the defendants from the predecessor.
Reference:
Ext.B1
Document Type:
Land Tax Receipt
Submitted By:
Defendant
Relevance:
This document confirms the payment of land tax relevant to the defendants' property.
Reference:
Ext.B2
Document Type:
Settlement Deed
Submitted By:
Defendant
Relevance:
This document is relevant for the defendants' claims over property rights.
Reference:
Ext.B3
Document Type:
Commission Report
Submitted By:
Court
Relevance:
This document provides findings from the commissioner's inspection of the properties.
Reference:
Ext.C1
Document Type:
Rough Sketch
Submitted By:
Court
Relevance:
This document accompanies the commission report showing the layout of the properties.
Reference:
Ext.C1(a)
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Perumbavoor
Common Reasons
Case Code
Case between Thomas, Joy vs Biju Thomas, Eldho T.V. regarding temporary injunction
Case Code Year
Case between Thomas, Joy vs Biju Thomas, Eldho T.V. regarding temporary injunction