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O.S No. 1422/2014

Case between Dr.Ranjit Abraham et al vs Chacko Paulose et al regarding mandatory injunction and permanent prohibitory injunction

Court
I ADDITIONAL MUNSIFF, ERNAKULAM
Judge
Sri. Padmakumar.G.
Order Date
2024-01-29
Duration
approximately-9 years 3 months
Case Closed
Mon, 01/29/2024 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

This case involves plaintiffs Dr.Ranjit Abraham and Mary Ranjit Abraham seeking a mandatory injunction against defendants Chacko Paulose and others for obstruction to their access through a way necessary for enjoyment of their property. The plaintiffs allege that the defendants have unlawfully obstructed their access and damaged their property.

Judgment Outcome

Plaintiff Won
Interim Order
The court found in favor of the plaintiffs, ordering the defendants to cease obstruction of the access route and remove unauthorized structures blocking the plaintiffs' way.
Judgment Favored
Plaintiff
Relief Granted
Defendants are restrained from causing any sort of obstruction to the plaintiffs and the persons claiming under them in using the plaint B schedule way and are directed to remove the gate erected at the entrance of the plaint B schedule way.
Case Type
Civil Suit
Final Judgment
No
The court found in favor of the plaintiffs, ordering the defendants to cease obstruction of the access route and remove unauthorized structures blocking the plaintiffs' way.
Why Plaintiff Won:
The plaintiffs' case was proven through affidavits and documents presented in court.
Losing Side's Weaknesses:
The plaintiffs' case was proven through affidavits and documents presented in court.
Supporting Evidence
The affidavit and the documents prove plaintiffs' case.

Judgment Evidence:

In the result, defendants are restrained from causing any sort of obstruction to the plaintiffs and the persons claiming under them in using the plaint B schedule way for the convenient enjoyment of the plaint A schedule property.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Dr.Ranjit Abraham
Party Age
54
Relation
S/o
Party Role
Plaintiff
Party Name
Mary Ranjit Abraham
Party Age
48
Relation
W/o
Party Role
Defendant
Party Name
Chacko Paulose
Party Age
70
Party Role
Defendant
Party Name
Monai
Party Age
50
Relation
S/o
Party Role
Defendant
Party Name
Shibu
Party Age
47
Relation
S/o
Party Role
Defendant
Party Name
Roy
Party Age
45
Relation
S/o
Plaintiffs Documents
Certified copy of the sale deed no.4101/2008 of SRO, Thripunithura, Certified copy of the sale deed no.3143/1996 of SRO Thripunithura, Original tax receipt no 4355890 of village office, Udayamperoor, Original tax receipt no 592139 of village office, Udayamperoor, Certified copy of sale deed no.134/1997 of SRO Thripunithura, Certified copy of Sale deed no.618/1996 of SRO Thripunithura, Certified copy of Sale deed no.5560/2007.
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Abraham P George
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Ratheesh.N.B
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
K.V.Jose
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Akash Philip
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Elsa Jacob
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Sandra K Sanjay
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Johny Thomas
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
P.M.Joshi
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Siji.K.Paul
Appearance Type
Main Counsel

Reliefs

Relief Type: Mandatory Injunction
Outcome: Granted
Description:
Defendants are restrained from causing any sort of obstruction to the plaintiffs and the persons claiming under them in using the plaint B schedule way.
Evidence:
Defendants are restrained from causing any sort of obstruction to the plaintiffs and the persons claiming under them in using the plaint B schedule way for the convenient enjoyment of the plaint A schedule property.
Relief Type: Mandatory Injunction
Outcome: Granted
Description:
Defendants are directed to remove the gate erected at the entrance of the plaint B schedule way.
Evidence:
Defendants are directed to remove the gate erected at the entrance of the plaint B schedule way, the fencing in the entry of plaint A schedule property and also directed to remove the unloaded granite stones in the entry to the plaint A schedule propriety.
Relief Type: Cost Recovery
Outcome: Granted
Description:
Plaintiffs are entitled to realize their costs from the defendants.
Evidence:
Plaintiffs are entitled to realize their costs from the defendants.

Documents & Evidence

Document Type: Certified copy of the Sale deed
Submitted By: Plaintiff
Relevance:
Proves plaintiffs' ownership of the property
Reference:
Ext.A1
Document Type: Certified copy of the Sale deed
Submitted By: Plaintiff
Relevance:
Supports plaintiffs' claim regarding property transactions
Reference:
Ext.A2
Document Type: Original tax receipt
Submitted By: Plaintiff
Relevance:
Demonstrates plaintiffs' payment of property taxes
Reference:
Ext.A3
Document Type: Original tax receipt
Submitted By: Plaintiff
Relevance:
Further supports proof of tax payments
Reference:
Ext.A3(a)
Document Type: Certified copy of the Sale deed
Submitted By: Plaintiff
Relevance:
Additional evidence of property ownership
Reference:
Ext.A4
Document Type: Certified copy of the Sale deed
Submitted By: Plaintiff
Relevance:
Establishes continuity of ownership
Reference:
Ext.A5
Document Type: Certified copy of the Sale deed
Submitted By: Plaintiff
Relevance:
Further substantiates plaintiffs' claims
Reference:
Ext.A6
Document Type: Commission Report
Submitted By: Court
Relevance:
Provided findings regarding the property and the dispute
Reference:
Ext.C1
Document Type: Rough Sketch
Submitted By: Court
Relevance:
Visual representation relevant to the property layout
Reference:
Ext.C1(a)
Document Type: Commission Report
Submitted By: Court
Relevance:
Additional findings regarding the property and the dispute
Reference:
Ext.C2
Document Type: Rough Sketch
Submitted By: Court
Relevance:
Supplemental visual evidence related to the case
Reference:
Ext.C2(a)

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 Dr.Ranjit Abraham et al vs Chacko Paulose et al regarding mandatory injunction and permanent prohibitory injunction
Case Code Year
Case between Dr.Ranjit Abraham et al vs Chacko Paulose et al regarding mandatory injunction and permanent prohibitory injunction

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Wed, 10/22/2014 - 12:00
Case Closed
Mon, 01/29/2024 - 12:00
From
Mon, 01/01/2024 - 12:00
To
Wed, 01/31/2024 - 12:00
Outcome Confidence
90%

Involved Entities

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