Case Summary
Daisamma Joseph, the plaintiff, seeks a permanent prohibitory injunction against the defendants who are attempting to widen a pathway that encroaches on her property. The defendants contest these allegations, claiming they have not trespassed on the plaintiff's land.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction restraining the defendants from widening the pathway.
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiff, granting an injunction to prevent the defendants from widening the pathway that is supposed to be a public route. The plaintiff is also instructed not to obstruct the use of the pathway.
Why Plaintiff Won:
The plaintiff is the owner-in-possession of the property and the evidence showed no encroachment occurred.
The plaintiff is the owner-in-possession of the property and the evidence showed no encroachment occurred.
Losing Side's Weaknesses:
The plaintiff is the owner-in-possession of the property and the evidence showed no encroachment occurred.
The plaintiff is the owner-in-possession of the property and the evidence showed no encroachment occurred.
Supporting Evidence
By virtue of Exhibit A1, the plaintiff obtained title and right over the plaint schedule property having an extent of 54.73 Ares. The Advocate commissioner further reported that the pathway which is lying on the northern side of the plaint schedule property was having a length of 46.27 metres and has got a width of 0.86 metres at the eastern side.
Judgment Evidence:
The suit is decreed as follows; The defendants and their men are hereby restrained by a decree of permanent prohibitory injunction from widening the thondu/pathway as in existence by demolishing the northern boundary portion of the plaint schedule property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Daisamma Joseph
- Party Age
- 52
- Relation
- W/o Pradeep Elias Abraham
- Party Role
- Defendant
- Party Name
- Sajini Santhosh
- Party Age
- 40
- Relation
- W/o Santhosh
- Party Role
- Defendant
- Party Name
- Subhadra Suresh
- Party Age
- 57
- Relation
- W/o Suresh Babu
- Party Role
- Defendant
- Party Name
- Rahul Rajappan
- Party Age
- 35
- Relation
- S/o Rajappan
Plaintiffs Documents
Certified copy of Sale deed no.988/1996, The land tax receipt for the period 2024-2025.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- John Zachariah
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- T.P. PradeepKumar
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
The defendants and their men are restrained from widening the thondu/pathway as in existence by demolishing the northern boundary portion of the plaint schedule property.
Evidence:
In the result, the suit is decreed as follows; The defendants and their men are hereby restrained by a decree of permanent prohibitory injunction from widening the thondu/pathway as in existence by demolishing the northern boundary portion of the plaint schedule property.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
By virtue of Exhibit A1, the plaintiff obtained title and right over the plaint schedule property having an extent of 54.73 Ares.
Reference:
Ext.A1
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
The land tax receipt was presented for the period 2024-2025.
Reference:
Ext.A2
Document Type:
Commission Report
Submitted By:
Court
Relevance:
The report and rough sketch prepared by the Advocate commissioner regarding the plaint schedule property were marked as court exhibits.
Reference:
Ext.C1
Document Type:
Rough Sketch
Submitted By:
Court
Relevance:
The rough sketch prepared by the Advocate commissioner detailing the property layout.
Reference:
Ext.C1(a)
Document Type:
Oral Evidence
Submitted By:
Plaintiff
Relevance:
The evidence of the plaintiff consists of oral testimony of PW1.
Reference:
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Common Reasons
Case Code
Case between Daisamma Joseph vs Sajini Santhosh et al regarding permanent prohibitory injunction
Case Code Year
Case between Daisamma Joseph vs Sajini Santhosh et al regarding permanent prohibitory injunction