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
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.
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
Plaintiffs
Valsala Krishnankutty (56 years years)
Mattamel House, Thevara, Elamkulam Village, Kanayanoor Taluk, Ernakulam
Binu (33 years years)
Mattamel House, Thevara, Elamkulam Village, Kanayanoor Taluk, Ernakulam
Defendants
Mattammel Sree Subramania Swamy Temple (Age not specified years)
Thevara, Kochi 682013
Sri. P.K. Mani (65 years years)
Payyampillil House, Thevara, Elamkulam Village, Kanayanoor Taluk, Ernakulam
Sri. M.K.Lamlan (65 years years)
Murikkinampally House, Thevara, Elamkulam Village, Kanayanoor Taluk, Ernakulam
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)