Case Summary
V. N Ranganathan filed a suit against Sajeevan and Usha Sajeevan seeking a permanent prohibitory injunction to prevent them from obstructing his use of a pathway. The defendants counterclaimed, asserting their right to use the same pathway and accusing the plaintiff of obstructing their enjoyment.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
A decree of permanent prohibitory injunction restraining the plaintiff and his agents from obstructing the smooth and peaceful enjoyment of the plaint B schedule pathway by the defendants and their family.
Case Type
Injunction
Final Judgment
No
Key Reasoning:
The counterclaim stood proved based on uncontested evidence presented by the defendants.
The counterclaim stood proved based on uncontested evidence presented by the defendants.
Judgment Evidence:
In the result, the suit is dismissed and the counterclaim is allowed as follows: a. A decree of permanent prohibitory injunction is passed by restraining the plaintiff and his agents from obstructing the smooth and peaceful enjoyment of the plaint B schedule pathway by the defendants and his family, as well as from committing any act of waste and mischief in the plaint B schedule property.
Parties Involved
Plaintiffs
V. N Ranganathan (69 years)
Remya Bhavan, Kaniyamparambil, Nadama, MRA 11, Memana Road, Thekkumbagham Village, Kanayannur Taluk, Ernakulam District, Pin - 682 301
Defendants
Sajeevan (55 years)
Tharayil House, Nadama, MRA 10, Memana Road, Thekkumbagham Village, Kanayannur Taluk, Ernakulam District, Pin - 682 301
Usha Sajeevan (52 years)
Tharayil House, Nadama, MRA 10, Memana Road, Thekkumbagham Village, Kanayannur Taluk, Ernakulam District, Pin - 682 301
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
A decree of permanent prohibitory injunction restraining the plaintiff and his agents from obstructing the smooth and peaceful enjoyment of the plaint B schedule pathway by the defendants and his family.
Evidence:
A decree of permanent prohibitory injunction is passed by restraining the plaintiff and his agents from obstructing the smooth and peaceful enjoyment of the plaint B schedule pathway by the defendants and his family.
Relief Type:
Other
Outcome:
Granted
Description:
Costs of the suit and counterclaim to be paid by the plaintiff to the defendants.
Evidence:
The defendants are entitled to the costs of the suit and counterclaim from the plaintiff.
Documents & Evidence
Document Type:
Certified copy of document
Submitted By:
Plaintiff
Relevance:
Used to establish the plaintiff's claim over the plaint B schedule property.
Reference:
Ext.A1
Document Type:
Commission Report
Submitted By:
Plaintiff
Relevance:
File filed by the Adv. Commissioner to support the plaintiff's claim.
Reference:
Ext.A2
Document Type:
Sketch
Submitted By:
Court
Relevance:
Provided visual evidence relevant to the case.
Reference:
Ext.C1(a)