Case Summary
The case involves a dispute over the right of way pertaining to a pathway used by Vijayan's family to access their property, which the defendants claim to obstruct. The defendants contend that the plaintiff has no legal entitlement to the pathway they have used for decades.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction against defendants from trespassing into plaint A schedule property.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The court found that the plaintiff established a right of way and has been using the pathway continuously and openly.
The court found that the plaintiff established a right of way and has been using the pathway continuously and openly.
Judgment Evidence:
In the result, O.S. 793/2016 and counter-claim in O.S. 906/2016 are dismissed with costs and O.S. 906/2016 is decreed in part as follows: Defendants 1 to 3 in O.S. 906/2016 are restrained by way of an order of permanent prohibitory injunction from trespassing into plaint A schedule property and from causing any obstruction to the plaintiffs.
Parties Involved
Plaintiffs
Vijayan (57 years years)
Thotungalthara house, Karithala near Manorama Junction, M.G.Road P.O, Kochi – 16
Defendants
Omana N Mani (57 years years)
“Keerthi”, Karithala, Manorama Junction, Ernakulam village, Ernakulam, Kochi – 682 016
Vijayan (57 years years)
Thottungalthara house, Karithala, Manorama Junction, Ernakulam village, Ernakulam, Kochi – 682 016
Sivan (55 years years)
Thottungalthara house, Karithala, Manorama Junction, Ernakulam village, Ernakulam, Kochi – 682 016
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Defendants 1 to 3 in O.S. 906/2016 are restrained from trespassing into plaint A schedule property and from causing any obstruction to the plaintiffs.
Evidence:
Defendants 1 to 3 in O.S. 906/2016 are restrained by way of an order of permanent prohibitory injunction from trespassing into plaint A schedule property and from causing any obstruction to the plaintiffs and their men in constructing compound wall at the southern boundary.
Relief Type:
Costs
Outcome:
Granted
Description:
Plaintiffs in O.S. 906/2016 are entitled to realize the costs of the suit.
Evidence:
Plaintiffs in O.S. 906/2016 are also entitled to realize the costs of the suit.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Sale deed no 2322/65.
Reference:
Ext.A1
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Sale deed no 2224/58.
Reference:
Ext.A2
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Sale deed no 2181/91.
Reference:
Ext.A3
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Sale deed no 1188/00.
Reference:
Ext.A4
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Sale deed no 3729/02.
Reference:
Ext.A5
Document Type:
Letter
Submitted By:
Plaintiff
Relevance:
Letter issued by Viswabrahmana Samooham to Omana Mani.
Reference:
Ext.A6
Document Type:
Letter
Submitted By:
Plaintiff
Relevance:
Reply letter issued to the Viswabrahmana Samooham.
Reference:
Ext.A7
Document Type:
Letter
Submitted By:
Plaintiff
Relevance:
Letter issued by Viswabrahmana Samooham to Omana Mani.
Reference:
Ext.A8
Document Type:
Byelaw
Submitted By:
Plaintiff
Relevance:
Byelaw of Viswabrahmana Samooham.
Reference:
Ext.A9
Document Type:
Registration Certificate
Submitted By:
Plaintiff
Relevance:
Copy of Registration Certificate issued by Registrar of society, Ernakulam, Cochin.
Reference:
Ext.A10
Document Type:
Renewal Certificate
Submitted By:
Plaintiff
Relevance:
Photostat copy of renewal certificate.
Reference:
Ext.A11
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission Report filed by Adv. Remadevi K.
Reference:
Ext.C1
Document Type:
Rough Sketch
Submitted By:
Court
Relevance:
Rough sketch.
Reference:
Ext.C1(a)
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission Report filed by Adv. Albert Joseph Angamally.
Reference:
Ext.C2
Document Type:
Plan
Submitted By:
Court
Relevance:
Plan.
Reference:
Ext.C2(a)
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission Report filed by Adv. Midhun V.R.
Reference:
Ext.C3
Document Type:
Rough Sketch
Submitted By:
Court
Relevance:
Rough sketch.
Reference:
Ext.C3(a)