Case Summary
The plaintiff, Viju P Varghese, is seeking a permanent prohibitory injunction against the defendants, C R Balagopalan and C R Geetha, to prevent them from obstructing his access to a pathway. The dispute arises from conflicting claims of right over a pathway described in the case.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction preventing the defendants from obstructing the plaintiff's use of the pathway.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff, declaring his right of way through the C schedule pathway by easement by grant. The defendants were permanently prohibited from obstructing the plaintiff's use of the pathway.
Why Plaintiff Won:
The plaintiff successfully established his right of way as per the easement granted.
The plaintiff successfully established his right of way as per the easement granted.
Losing Side's Weaknesses:
The plaintiff successfully established his right of way as per the easement granted.
The plaintiff successfully established his right of way as per the easement granted.
Supporting Evidence
It is clear in Exhibit A2 that not only the sharers of Ext. A2 but also the successors by purchase or otherwise, are also entitled to enjoy the rights which are kept in common in Ext. A2 partition deed.
Judgment Evidence:
In the result, suit is decreed on the following terms: 1) It is hereby declared that the plaintiff has perfected their right of way through the C schedule pathway by easement by grant. 2) Defendants are restrained by a permanent prohibitory injunction from obstructing the peaceful use of plaint C schedule pathway by the plaintiff.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Viju P Varghese
- Party Age
- 45
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- C R Balagopalan
- Party Age
- 52
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- C R Geetha
- Party Age
- 55
- Relation
- W/o
Plaintiffs Documents
Partition deed No. 3656/93, Partition deed No. 83/1953, Sale deed No. 1627/68, Sale deed No. 869/1977, Sale deed No. 943/1974
Defendants Documents
Certified copy of plaint in OS 934/1988, Certified copy of petition submitted before the RDO on 17.09.2007, Certified copy of petition submitted before the RDO on 23.07.2010
Advocates
- Party Role
- Plaintiff
- Advocate Name
- A T Anilkumar (Anil Mamala)
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- O V Abraham
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Raju V Mathew
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Rema Menon R
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Permanent prohibitory injunction restraining defendants from obstructing the use of plaint C schedule pathway.
Evidence:
Defendants are restrained by a permanent prohibitory injunction from obstructing the peaceful use of plaint C schedule pathway by the plaintiff or from committing any sort of waste therein.
Relief Type:
Declaration
Outcome:
Granted
Description:
Declaration affirming the plaintiff's perfected right of way through the C schedule pathway.
Evidence:
It is hereby declare that the plaintiff has perfected their right of way through the C schedule pathway by easement by grant.
Relief Type:
Costs
Outcome:
Granted
Description:
Defense costs to be paid to the plaintiff.
Evidence:
Defendants are directed to pay the cost of the suit to plaintiffs.
Documents & Evidence
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of partition deed acquired by the plaintiff.
Reference:
Ext.A1
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of an old partition deed that set apart pathways.
Reference:
Ext.A2
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of the sale deed through which the plaintiff's father obtained property and right of way.
Reference:
Ext.A3
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of the sale deed for additional property purchased by the plaintiff's father.
Reference:
Ext.A4
Document Type:
Rough Sketch
Submitted By:
Plaintiff
Relevance:
Sketch supporting claims related to property boundaries.
Reference:
Ext.A5
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Land tax receipt as evidence of ownership.
Reference:
Ext.A6
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of sale deed related to property transactions relevant to the case.
Reference:
Ext.A7
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of another sale deed relevant to ownership claims.
Reference:
Ext.A8
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of sale deed concerning property owned by the plaintiff's family.
Reference:
Ext.A9
Document Type:
Plaint
Submitted By:
Defendant
Relevance:
Certified copy of a plaint from a previous case relevant to the dispute.
Reference:
Ext.B1
Document Type:
Petition
Submitted By:
Defendant
Relevance:
Copy of a petition submitted to the RDO by the plaintiff, pertinent to the case.
Reference:
Ext.B2
Document Type:
Petition
Submitted By:
Defendant
Relevance:
Copy of another petition submitted to the RDO by the plaintiff, relevant to the case.
Reference:
Ext.B3
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report relevant to the facts of the case.
Reference:
Ext.C1
Document Type:
Rough Sketch
Submitted By:
Court
Relevance:
Rough sketch created during court proceedings to support the case.
Reference:
Ext.C1(a)
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Another commission report relevant to the case.
Reference:
Ext.C2
Document Type:
Photographs
Submitted By:
Court
Relevance:
Photographs taken during the commission process to provide visual evidence.
Reference:
Ext.C2(a) to C2(p)
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between Viju P Varghese vs C R Balagopalan et al regarding permanent prohibitory injunction
Case Code Year
Case between Viju P Varghese vs C R Balagopalan et al regarding permanent prohibitory injunction