Case Summary
The petitioner Varghese claims ownership and possession over a property and fears that the respondents are attempting to divert rainwater into his property, which may cause damage. The respondents argue that the water flow into the property is natural and has existed for decades.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The court found a prima facie case that diverting water could cause irreparable injury to the plaintiff's property.
The court found a prima facie case that diverting water could cause irreparable injury to the plaintiff's property.
Judgment Evidence:
In the result, this petition is allowed as follows: The respondents, their agents or any person acting on their behalf, are hereby restrained until the disposal of the suit from creating any new opening, altering any portion of the compound wall, or otherwise modifying the boundary of the plaint schedule property so as to artificially divert or intensify the flow of water from the adjoining public road or properties into the plaint schedule property.
Parties Involved
Plaintiffs
Varghese (75 years)
Edassery House, Okkal P O, Okkal Kara, Chelamattam Village, Kunnathunadu Taluk, Pin: 683 550
Defendants
State of Kerala (Age not specified years)
Civil Station, Kakkanadu, Kakkanadu P O, Ernakulam, Pin: - 682 021
Assistant Executive Engineer, PWD Roads Division (Age not specified years)
Near Mini Civil Station, Perumbavoor, Perumbavoor P O, Pin: 683 542
Assistant Engineer, PWD Roads Division (Age not specified years)
Near Mini Civil Station, Perumbavoor, Perumbavoor P O, Pin: 683 542
Reliefs
Relief Type:
Injunction
Outcome:
Granted
Description:
The respondents are restrained from creating any new opening or altering the boundary to divinely water flow into the plaint schedule property.
Evidence:
The respondents, their agents or any person acting on their behalf, are hereby restrained until the disposal of the suit from creating any new opening, altering any portion of the compound wall, or otherwise modifying the boundary of the plaint schedule property so as to artificially divert or intensify the flow of water from the adjoining public road or properties into the plaint schedule property.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Supports the petitioner's claim of ownership and possession over the plaint schedule property.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Provides evidence of the petitioner's ownership and tax obligations related to the property.
Reference:
Ext.A2
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Corroborates the existence of drainage issues related to the plaint schedule property.
Reference:
Ext.C1
Document Type:
Rough Sketch
Submitted By:
Court
Relevance:
Helps in visualizing the layout and drainage issues affecting the plaint schedule property.
Reference:
Ext.C1(a)