Case Summary
The plaintiffs, represented by Trine Pushpamangalam Welfare Association and Mathew Thomas, filed a suit against P.J Joseph and Ajith Krishnan for injunction regarding a well located between their properties. The plaintiffs alleged that the defendants filled part of the well, obstructing access for rainwater harvesting.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants are directed to remove the earth, concrete put by them in plaint B schedule property and to restore the plaint B schedule property in its original position.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The plaintiffs established that the defendants filled the well which violated the plaintiffs' rights to access.
The plaintiffs established that the defendants filled the well which violated the plaintiffs' rights to access.
Judgment Evidence:
OS.1331/2019 is decreed. Defendants are directed to remove the earth, concrete put by them in plaint B schedule property and to restore the plaint B schedule property in its original position.
Parties Involved
Plaintiffs
Trine Pushpamangalam Welfare Association (Age not specified years)
Trine Pushpamangalam, Seaport Airport Road, Thrikkakara, Ernakulam District, Pin-682021
Mathew Thomas (72 years)
Pushpamangalam, Kakkanadu, Vazhakkala, Ernakulam District, Pin-682021
Defendants
P.J Joseph (50 years)
Seaport Airport Road, Thrikkakkara
Ajith Krishnan (26 years)
Vjaini House, Muthirapadam, Thaikkattukkara Aluva West Village, Ernakulam District - 683106
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
Directing the defendants to remove the earth and concrete put by them in plaint B schedule property and restore the plaint B schedule property in its original position.
Evidence:
Defendants are directed to remove the earth, concrete put by them in plaint B schedule property and to restore the plaint B schedule property in its original position.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Restraining the defendants from filling plaint B schedule property and causing any hindrance to the plaintiff in draining rain water.
Evidence:
Defendants are restrained by way of permanent prohibitory injunction from filling the plaint B schedule property and causing any hindrance to the plaintiff in draining rain water to plaint B schedule property.
Relief Type:
Mandatory Injunction
Outcome:
Partly Granted
Description:
Directing the defendants to restore plaint C schedule property to its previous position.
Evidence:
The relief sought in OS 1394/2019 is to pass a decree of mandatory injunction directing the defendants to restore plaint C schedule property to its previous position by constructing the beam, concrete slabs.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Restraining the defendants from trespassing over plaint C schedule.
Evidence:
Defendants are restrained by way of permanent prohibitory injunction from trespassing over plaint C schedule.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of sale deed no. 3674/2005 of SRO, Thrikkakkara.
Reference:
Ext.A1
Document Type:
Registration Certificate
Submitted By:
Plaintiff
Relevance:
Copy of Registration certificate no. EKM/TC/266/2017 issued by the Registrar of Societies.
Reference:
Ext.A2
Document Type:
Bye-law
Submitted By:
Plaintiff
Relevance:
Copy of Bye – law of the plaintiff association.
Reference:
Ext.A3
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of sale deed no.3062/11 of SRO, Thrikkakara.
Reference:
Ext.A4
Document Type:
Complaint
Submitted By:
Plaintiff
Relevance:
Copy of compliant filed before the Circle Inspector of Police, Thrikkakara.
Reference:
Ext.A5
Document Type:
Sale deed
Submitted By:
Defendant
Relevance:
Sale deed no. 1106/2012 of SRO, Thrikkakara.
Reference:
Ext.B1
Document Type:
Power of Attorney
Submitted By:
Defendant
Relevance:
Copy of Power of Attorney executed by the 1st defendant (subject to proof).
Reference:
Ext.B2
Document Type:
General Power of Attorney
Submitted By:
Defendant
Relevance:
General Power of Attorney executed by the 2nd defendant.
Reference:
Ext.B3
Document Type:
Complaint
Submitted By:
Defendant
Relevance:
Copy of compliant filed before the Municipal Secretary, Thrikkakara. (Subject to proof).
Reference:
Ext.B4
Document Type:
Acknowledgement Receipt
Submitted By:
Defendant
Relevance:
Acknowledgement receipt issued from the Thrikkakara Municipality.
Reference:
Ext.B5
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report filed by Adv. Linimol .P.
Reference:
Ext.C1
Document Type:
Rough Sketch
Submitted By:
Court
Relevance:
Rough Sketch filed along with commission report.
Reference:
Ext.C1(a)
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report filed by Adv. Anup .T.Paul.
Reference:
Ext.C2
Document Type:
Rough Sketch
Submitted By:
Court
Relevance:
Rough sketch filed along with commission report.
Reference:
Ext.C2(a)