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O.S No. 543/2022

Case between Xavier vs Joshy @ Sebastian regarding permanent prohibitory injunction

Court
COURT OF THE MUNSIFF, ERNAKULAM
Judge
Sri. Nanda Krishna M.
Order Date
2025-12-12
Duration
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

The plaintiffs, Xavier and Jancy, are husband and wife seeking a permanent prohibitory injunction against the defendants, who are the brothers of the second plaintiff. The plaintiffs claim the right to use a pathway to access their property, which the defendants allegedly attempted to obstruct.

Judgment Outcome

Defendant Won
Interim Order
The court dismissed the suit filed by the plaintiffs for a permanent prohibitory injunction, determining that they did not establish a right to use the pathway claimed.
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court dismissed the suit filed by the plaintiffs for a permanent prohibitory injunction, determining that they did not establish a right to use the pathway claimed.
Key Reasoning:
The plaintiffs failed to prove any right over the pathway.
Why Defendant Won:
The plaintiffs failed to prove any right over the pathway.
Supporting Evidence
The plaintiffs have failed to plead and prove any kind of right over plaint B schedule property for this court to restrain obstruction.

Judgment Evidence:

In the result, the suit is dismissed with costs.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Xavier
Party Age
58
Relation
S/o
Party Role
Plaintiff
Party Name
Jancy @ Anna Xavier
Party Age
56
Relation
W/o
Party Role
Defendant
Party Name
Joshy @ Sebastian
Party Age
55
Relation
S/o
Party Role
Defendant
Party Name
Varghese
Party Age
49
Relation
S/o
Plaintiffs Documents
Certified copy of Gift deed No. 502/1988, Land Tax receipt bearing Tandapper no. 8313, Certified copy of Partition deed no. 1504/2000
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
K.A.Rasheed
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
P.M.Haris
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
C.S.Sunil
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Binni Kamal
Appearance Type
Assisting Counsel

Reliefs

Relief Type: Permanent Injunction
Outcome: Refused
Description:
Plaintiffs sought a permanent prohibitory injunction against defendants regarding the use of the plaint B schedule pathway.
Evidence:
The plaintiff has failed to plead and prove any kind of right over plaint B schedule property for this court to restrain obstruction of the plaintiff's enjoyment of the same by way of an equitable relief of injunction.

Documents & Evidence

Document Type: Gift Deed
Submitted By: Plaintiff
Relevance:
Establishes the plaintiff's ownership of the plaint A schedule property.
Reference:
Ext.A1
Document Type: Tax receipt
Submitted By: Plaintiff
Relevance:
Proves the tax payment for the plaint A schedule property, supporting the plaintiff's claim.
Reference:
Ext.A2
Document Type: Partition Deed
Submitted By: Plaintiff
Relevance:
Details the property distribution and pathway assignment relevant to the case.
Reference:
Ext.A3
Document Type: Sale deed
Submitted By: Plaintiff
Relevance:
Illustrates the sale of the property earmarked for the pathway.
Reference:
Ext.A4
Document Type: Complaint
Submitted By: Plaintiff
Relevance:
Records the plaintiff's grievance regarding obstruction of the pathway.
Reference:
Ext.A5
Document Type: Acknowledgment Receipt
Submitted By: Plaintiff
Relevance:
Serves as proof of the complaint filed with the police.
Reference:
Ext.A6
Document Type: Commission Report
Submitted By: Court
Relevance:
Provides observations relevant to the case, including details about the pathway.
Reference:
Ext.C1
Document Type: Rough Sketch
Submitted By: Court
Relevance:
Visual representation of the jurisdictional area in question, including the pathway.
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 Xavier vs Joshy @ Sebastian regarding permanent prohibitory injunction
Case Code Year
Case between Xavier vs Joshy @ Sebastian regarding permanent prohibitory injunction

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Case Closed
From
Mon, 12/01/2025 - 12:00
To
Wed, 12/31/2025 - 12:00
Outcome Confidence
80%

Involved Entities

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