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
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.
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.
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