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O.S 210/2024

Case between Usha George et al vs Prakash Thankappan et al regarding permanent prohibitory injunction.

Court
Court of the Munsiff, Kanjirappally
Judge
Smt. Smitha Susan Mathew
Order Date
2025-06-20
Duration
approximately-1 year
Case Code No.
210
Case Closed
Fri, 06/20/2025 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

Usha George and P.P. George are the plaintiffs seeking an injunction against Prakash Thankappan and others. The case involves a dispute over the use of a road that the defendants are attempting to obstruct.

Judgment Outcome

Plaintiff Won
Interim Order
The court decreed the suit in favor of the plaintiffs, granting a permanent prohibitory injunction against the defendants preventing them from obstructing a road used by the plaintiffs.
Judgment Favored
Plaintiff
Relief Granted
The defendants are restrained by a decree of permanent prohibitory injunction from closing down item No.6 road.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiffs, granting a permanent prohibitory injunction against the defendants preventing them from obstructing a road used by the plaintiffs.
Why Plaintiff Won:
The evidence shows that defendants have been attempting to close down the road in question, which the plaintiffs use.
Losing Side's Weaknesses:
Not available
Supporting Evidence
The evidence shows that defendants 1 to 4 along with 5th defendant are attempting to close down item No.6 road by placing a gate. This evidence remains unrebutted. Hence considering the evidence available, the plaintiff is entitled for a decree as sought for.

Judgment Evidence:

In the result the suit is decreed as follows:- 1. The defendants are restrained by a decree of permanent prohibitory injunction from closing down item No.6 road, causing obstruction by placing a gate therein, reducing the width of item No.6 and obstructing the use of item No.6 by plaintiffs for their ingress and egress including vehicular traffic.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Usha George
Party Age
69
Relation
W/o
Party Role
Plaintiff
Party Name
P.P. George
Party Age
73
Relation
S/o
Party Role
Defendant
Party Name
Prakash Thankappan
Party Age
55
Party Role
Defendant
Party Name
Thomas Kurian
Party Age
45
Relation
S/o
Party Role
Defendant
Party Name
Jamma V. Jacob
Party Age
51
Relation
W/o
Party Role
Defendant
Party Name
Jacob Mathew
Party Age
70
Relation
S/o
Plaintiffs Documents
Certified copy of partition deed No.3731/1981, Certified copy of deed No. 1981/1997, Certified copy of deed No. 3869/1999, Original will deed No. 2/2003, Tax receipt dated 16-04-2024.
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
George Kurian
Appearance Type
Main Counsel

Reliefs

Relief Type: Permanent Injunction
Outcome: Granted
Description:
The defendants are restrained from closing down item No.6 road.
Evidence:
The defendants are restrained by a decree of permanent prohibitory injunction from closing down item No.6 road, causing obstruction by placing a gate therein.
Relief Type: Other
Outcome: Granted
Description:
Plaintiff is entitled to get the cost of the suit from defendants.
Evidence:
Plaintiff is entitled to get the cost of the suit from defendants and their assets.

Documents & Evidence

Document Type: Certified Copy of Partition Deed
Submitted By: Plaintiff
Relevance:
Proves the title of the plaintiff over the property described.
Reference:
Ext.A1
Document Type: Certified Copy of Deed
Submitted By: Plaintiff
Relevance:
Shows the transaction related to the property in question.
Reference:
Ext.A2
Document Type: Certified Copy of Deed
Submitted By: Plaintiff
Relevance:
Further supports the plaintiff's ownership claim.
Reference:
Ext.A3
Document Type: Original Will Deed
Submitted By: Plaintiff
Relevance:
Establishes the devolution of property to the plaintiff.
Reference:
Ext.A4
Document Type: Tax receipt
Submitted By: Plaintiff
Relevance:
Validates the plaintiff's association with the property.
Reference:
Ext.A5
Document Type: Certified Copy of Settlement Deed
Submitted By: Plaintiff
Relevance:
Offers proof of previous transactions related to the property.
Reference:
Ext.A6
Document Type: Certified copy of Sale Deed
Submitted By: Plaintiff
Relevance:
Details sales history impacting the plaintiff's claim.
Reference:
Ext.A7
Document Type: Certified copy of Sale Deed
Submitted By: Plaintiff
Relevance:
Adds to the context of ownership and transactions.
Reference:
Ext.A8
Document Type: Copy of plan
Submitted By: Plaintiff
Relevance:
Illustrates the layout of the disputed property.
Reference:
Ext.A9
Document Type: Mahazar
Submitted By: Court
Relevance:
Documents the findings of the Advocate Commissioner.
Reference:
Ext.C1
Document Type: Sketch
Submitted By: Court
Relevance:
Provides a visual representation of the property in dispute.
Reference:
Ext.C1(a)

Case Classification

Case Type
Civil Suit
Category
Other Civil Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Kanjirappally
Common Reasons
Case Code
O.S
Case Code Year
2024

Quick Facts

Location
Kanjirappally
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Kanjirappally
Case Filed
Thu, 06/20/2024 - 12:00
Case Closed
Fri, 06/20/2025 - 12:00
From
Thu, 05/01/2025 - 12:00
To
Mon, 06/30/2025 - 12:00
Outcome Confidence
100%

Involved Entities

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