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O.S. No. 1035 /20 216

Case between Valsala Krishnankutty et al vs Mattammel Sree Subramania Swamy Temple et al regarding permanent prohibitory injunction

Court
COURT OF II ADDITIONAL MUNSIFF
Judge
Smt. Needi.K. Dinamany
Order Date
2024-06-13
Duration
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

The plaintiffs, Valsala Krishnankutty and her children, are seeking a permanent prohibitory injunction against the defendants who are associated with a temple. The plaintiffs contend that they are the rightful owners of a pathway necessary for accessing their property and allege the defendants are attempting to block this access.

Judgment Outcome

Plaintiff Won
Interim Order
The court granted the plaintiffs a permanent prohibitory injunction against the defendants from trespassing into the B schedule property and obstructing the plaintiffs' usage of the pathway. The court determined that the plaintiffs have a right of access through the B schedule pathway.
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction against the defendants from trespassing into plaint B schedule property.
Case Type
Civil Suit
Final Judgment
No
The court granted the plaintiffs a permanent prohibitory injunction against the defendants from trespassing into the B schedule property and obstructing the plaintiffs' usage of the pathway. The court determined that the plaintiffs have a right of access through the B schedule pathway.
Why Plaintiff Won:
The plaintiffs successfully proved their ownership and right of access to the B schedule pathway as per the sale deed.
Losing Side's Weaknesses:
The plaintiffs successfully proved their ownership and right of access to the B schedule pathway as per the sale deed.
Supporting Evidence
On perusal of documents and depositions of PW1 and DW1, this court is satisfied that the B schedule pathway exists and is lying to the west of A schedule property and to the east of property of defendant temple. Also, by virtue of Ext A1, 1st plaintiff and her successors have obtained a right of access through said B schedule pathway.

Judgment Evidence:

In the result, suit is decreed on the following terms. Defendant is restrained by a permanent prohibitory injunction from trespassing into plaint B schedule property, committing waste therein and interrupting the usage of plaintiffs.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Valsala Krishnankutty
Party Age
56
Relation
W/o
Party Role
Plaintiff
Party Name
Binu
Party Age
33
Relation
S/o
Party Role
Defendant
Party Name
Mattammel Sree Subramania Swamy Temple
Relation
represented by
Party Role
Defendant
Party Name
Sri. P.K. Mani
Party Age
65
Relation
S/o
Party Role
Defendant
Party Name
Sri. M.K.Lamlan
Party Age
65
Relation
S/o
Plaintiffs Documents
Sale deed No.2200/1990, Land Tax receipt No.KL07022323892/2022, Building tax receipt No.131590, Certified copy of Sale deed No.286/1990, Photographs
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
S. Sreedev
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
A.Balagopalan
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Rajagopalan.A
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
M.N Manmadhan
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
Murugesh Reghu
Appearance Type
Assisting Counsel

Reliefs

Relief Type: Permanent Injunction
Outcome: Granted
Description:
The court granted a permanent prohibitory injunction against the defendants from trespassing into the B schedule property.
Evidence:
Defendant is restrained by a permanent prohibitory injunction from trespassing into plaint B schedule property, committing waste therein and interrupting the usage of plaintiffs.

Documents & Evidence

Document Type: Sale deed
Submitted By: Plaintiff
Relevance:
This sale deed establishes the plaintiffs' ownership and right of access to the public road.
Reference:
Ext.A1
Document Type: Land Tax Receipt
Submitted By: Plaintiff
Relevance:
This tax receipt serves as proof of the plaintiffs' ownership of the property.
Reference:
Ext.A2
Document Type: Building Tax Receipt
Submitted By: Plaintiff
Relevance:
This building tax receipt further establishes the connection of plaintiffs to the property.
Reference:
Ext.A3
Document Type: Photograph
Submitted By: Plaintiff
Relevance:
This photograph was used as evidence in the case.
Reference:
Ext.A4
Document Type: Sale deed
Submitted By: Plaintiff
Relevance:
This deed provides context regarding the rights established for the defendants.
Reference:
Ext.A5
Document Type: Photograph
Submitted By: Plaintiff
Relevance:
This photograph was used as evidence in the case.
Reference:
Ext.A6
Document Type: Photograph
Submitted By: Plaintiff
Relevance:
This photograph was used as evidence in the case.
Reference:
Ext.A7
Document Type: Photograph
Submitted By: Plaintiff
Relevance:
This photograph was used as evidence in the case.
Reference:
Ext.A8
Document Type: Commission Report
Submitted By: Court
Relevance:
This report was used to assess the alleged obstruction in the B schedule pathway.
Reference:
Ext.C1
Document Type: Rough Sketch
Submitted By: Court
Relevance:
This sketch accompanied the commission report and provided further clarity on the property layout.
Reference:
Ext.C1(a)

Case Classification

Case Type
Civil Suit
Category
Property and Possession Disputes
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between Valsala Krishnankutty et al vs Mattammel Sree Subramania Swamy Temple et al regarding permanent prohibitory injunction
Case Code Year
Case between Valsala Krishnankutty et al vs Mattammel Sree Subramania Swamy Temple et al regarding permanent prohibitory injunction

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Case Closed
From
Sat, 06/01/2024 - 12:00
To
Sun, 06/30/2024 - 12:00
Outcome Confidence
95%

Involved Entities

Temple

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