Case Summary
The case involves a dispute between two siblings over the access to a pathway. The petitioner seeks a temporary injunction to prevent the respondent from obstructing access to this pathway used for ingress and egress.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Prohibitory injunction preventing respondent from causing obstruction to access through C schedule pathway
Case Type
Civil Suit
Final Judgment
No
The court allowed the petition granting a temporary injunction against the defendant to prevent obstruction of the pathway. Both parties were directed to bear their respective costs.
Why Plaintiff Won:
The petitioner established a prima facie case indicating irreparable injury if obstruction occurs.
The petitioner established a prima facie case indicating irreparable injury if obstruction occurs.
Losing Side's Weaknesses:
The petitioner established a prima facie case indicating irreparable injury if obstruction occurs.
The petitioner established a prima facie case indicating irreparable injury if obstruction occurs.
Supporting Evidence
From the pleadings this court is satisfied that both the parties have been using the said C schedule pathway from the time of execution Ext A2 and during life time of father Subramanian. Hence court is satisfied that plaintiff has established a prima facie case in his favour.
Judgment Evidence:
In the result, Petition is allowed. Respondents are restraining by a prohibitory injunction from causing obstruction to vehicular or any other access through C schedule pathway to A schedule property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Girivasan P S
- Party Age
- 61
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Rajeshwari P S
- Party Age
- 58
- Relation
- W/o
Plaintiffs Documents
Deed of Will no 15/2009 of Maradu SRO, Certified copy of Sale deed no. 2113/1997, Tax paid receipt issued by Village Office, Kumbalam
Defendants Documents
True copy of Sale deed no: 2113/1997, True copy of the Will executed by late Subramanian the Father of the defendant, FIR and copy of the Charge no: 402/24 registered by SHO, Panangad Police Station, Copy of Official memorandum issued by the JFCM Court VIII, Photograph, Order of Hon’ble High Court in WP(c) No: 39410/2024
Advocates
- Party Role
- Plaintiff
- Advocate Name
- P K Letha
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- K P Sunil
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- I T George
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Temporary Injunction
Outcome:
Granted
Description:
Restraining the defendant from obstructing access to C schedule pathway.
Evidence:
Petition is allowed. Respondents are restraining by a prohibitory injunction from causing obstruction to vehicular or any other access through C schedule pathway to A schedule property.
Documents & Evidence
Document Type:
Deed of Will
Submitted By:
Plaintiff
Relevance:
Establishes ownership of plaint A schedule property.
Reference:
Ext.A1
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Establishes ownership of plaint B schedule property.
Reference:
Ext.A2
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Supports owner's possession of plaint A schedule property.
Reference:
Ext.A3
Document Type:
Sale deed
Submitted By:
Defendant
Relevance:
Establishes ownership of 3 cents of property assigned to defendant.
Reference:
Ext.B1
Document Type:
Will
Submitted By:
Defendant
Relevance:
Details the father's intentions regarding property assignments.
Reference:
Ext.B2
Document Type:
FIR
Submitted By:
Defendant
Relevance:
Documents a police complaint related to obstruction.
Reference:
Ext.B3
Document Type:
Official memorandum
Submitted By:
Defendant
Relevance:
Related to court proceedings.
Reference:
Ext.B4
Document Type:
Photograph
Submitted By:
Defendant
Relevance:
Supports the defendant's claims regarding the property.
Reference:
Ext.B5
Document Type:
Court Order
Submitted By:
Defendant
Relevance:
Relates to prior court decisions affecting the case.
Reference:
Ext.B6
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Provides a report supporting the existence and necessity of the C schedule pathway.
Reference:
Ext.C1
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 Girivasan P S vs Rajeshwari P S regarding temporary injunction
Case Code Year
Case between Girivasan P S vs Rajeshwari P S regarding temporary injunction