Case Summary
The plaintiffs are seeking a permanent injunction against the defendants to prevent them from obstructing a public road that the plaintiffs claim they have a right to use. The defendants deny this, asserting they still own the road and it is not public.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The suit was dismissed as the plaintiffs failed to prove their claims regarding the path becoming public. The defendants retained ownership and the claim for an injunction was not substantiated.
Key Reasoning:
The plaintiffs could not provide sufficient evidence to substantiate their claims regarding the pathway.
The plaintiffs could not provide sufficient evidence to substantiate their claims regarding the pathway.
Why Defendant Won:
The plaintiffs could not provide sufficient evidence to substantiate their claims regarding the pathway.
The plaintiffs could not provide sufficient evidence to substantiate their claims regarding the pathway.
Supporting Evidence
The plaintiff has failed to substantiate the contentions made through cogent and reliable evidence.
Judgment Evidence:
In the result, the suit is dismissed with costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Jasmine
- Party Age
- 50
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Hameed
- Party Age
- 54
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Abdul Karim
- Party Age
- 47
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Rasiya M.R
- Party Age
- 28
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Rameena M.R
- Party Age
- 27
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Abdul Rahim P.K
- Party Age
- 56
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Safia
- Party Age
- 52
- Relation
- W/o
Plaintiffs Documents
Certified copies of various deeds from SRO Edapally and other documents related to the case.
Defendants Documents
Replies under the Right to Information Act from Kalamassery Municipality.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- M.B.Sandeep
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- M.M.Aliyar
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sherin Varghese
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sreeja K.R
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- C.AnilKumar Kalleseril
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Frijo K Sundaram
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Hirusheekesan S
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Refused
Description:
Plaintiffs sought a permanent prohibitory injunction from the court to restrain the defendants from blocking the road or obstructing traffic.
Evidence:
The plaintiffs believe that the defendants, particularly the first defendant, who is described as influential and powerful, are likely to cause more mischief and further obstruction of the road.
Relief Type:
Other
Outcome:
Not Decided
Description:
The issue regarding costs.
Evidence:
No peculiar situation has transpired in this suit to deviate from the normal rule that costs shall follow the event.
Documents & Evidence
Document Type:
Title deed
Submitted By:
Plaintiff
Relevance:
Certified copy of the deed no. 7281/94 of SRO, Edapally.
Reference:
Ext.A1
Document Type:
Title deed
Submitted By:
Plaintiff
Relevance:
Certified copy of the deed no. 1174/96 of SRO, Edapally.
Reference:
Ext.A2
Document Type:
Title deed
Submitted By:
Plaintiff
Relevance:
Certified copy of the deed no. 4448/96 of SRO, Edapally.
Reference:
Ext.A3
Document Type:
Title deed
Submitted By:
Plaintiff
Relevance:
Certified copy of the deed no. 3460/00 of SRO, Edapally.
Reference:
Ext.A4
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Original of the land tax receipt issued by the V.O, Thrikkakara North.
Reference:
Ext.A5
Document Type:
Municipal Order
Submitted By:
Plaintiff
Relevance:
Original of the order no. P.W.19503.16 issued by the Assistant Engineer, Kalamassery Municipality (subject to proof).
Reference:
Ext.A6
Document Type:
RTI Reply
Submitted By:
Plaintiff
Relevance:
Original of the reply having no. PW/AP10/16569/17 from the public information officer, Kalamassery Municipality (subject to proof).
Reference:
Ext.A7
Document Type:
RTI Reply
Submitted By:
Plaintiff
Relevance:
Original of the reply having no. J/12599/16 issued by the public information officer, Kalamassery Municipality including the Municipality minutes dated 04.11.17 (subject to proof).
Reference:
Ext.A8
Document Type:
Commission Report
Submitted By:
Plaintiff
Relevance:
Copy of the commission report filed by Adv. Sajen Thampan in IA 6905/17.
Reference:
Ext.A9
Document Type:
RTI Reply
Submitted By:
Defendant
Relevance:
Reply bearing no. PW/19376/17 issued by the public information officer, Kalamassery Municipality.
Reference:
Ext.B1
Document Type:
RTI Reply
Submitted By:
Defendant
Relevance:
Reply bearing no. PW1/AP10/20434/17 issued by the public information officer, Kalamassery Municipality.
Reference:
Ext.B2
Document Type:
Explanation Letter
Submitted By:
Defendant
Relevance:
Explanation letter bearing no. PW/20433/17 issued by the Secretary, Kalamassery Municipality.
Reference:
Ext.B3
Document Type:
Land Relinquishment Application
Submitted By:
Defendant
Relevance:
Land relinquishment application – Form B (Rule 7).
Reference:
Ext.B4
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report filed by Adv. Sajen Thampan.
Reference:
Ext.C1
Document Type:
Sketch
Submitted By:
Court
Relevance:
Rough sketch.
Reference:
Ext.C1(a)
Document Type:
Photographs
Submitted By:
Court
Relevance:
Photographs.
Reference:
Ext.C1(b)
Document Type:
C.D
Submitted By:
Court
Relevance:
C.D.
Reference:
Ext.C1(c)
Document Type:
ID Card
Submitted By:
Unknown
Relevance:
Certified copy of the ID card of PW2.
Reference:
Ext.X1
Document Type:
ID Card
Submitted By:
Unknown
Relevance:
Certified copy of the ID card of PW3.
Reference:
Ext.X2
Document Type:
Municipal Note File
Submitted By:
Unknown
Relevance:
Note file bearing no. PW/7977/2020 the Municipal Secretary, Kalamassery regarding the construction of drainage in ward no.40, Muttar-Vinobhaji road, 2nd by lane.
Reference:
Ext.X3
Document Type:
Oral Evidence
Submitted By:
Plaintiff
Relevance:
Oral deposition of PW1 to PW5.
Reference:
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 Jasmine et al vs Abdul Rahim P.K et al regarding injunction
Case Code Year
Case between Jasmine et al vs Abdul Rahim P.K et al regarding injunction