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O.S. No. 1361/2018

Case between K P Babu vs Geetha @ Seetha et al regarding injunction

Court
II Additional Munsiff Court
Judge
Smt. Needi. K. Dinamany
Order Date
2024-09-13
Duration
approximately-6 years 2 months
Case Closed
Fri, 09/13/2024 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

K P Babu has filed a suit seeking both mandatory and prohibitory injunction against Geetha @ Seetha and others. The case revolves around the plaintiff's claim of ownership and right of passage over a pathway obstructed by the defendants.

Judgment Outcome

Plaintiff Won
Interim Order
The court granted an injunction against the defendants, restraining them from obstructing the plaintiff's use of the pathway and ordered the removal of the wall constructed by them.
Judgment Favored
Plaintiff
Relief Granted
Defendants are restrained from obstructing the use of plaint item No. 2 way and must remove the construction within 3 months.
Case Type
Civil Suit
Final Judgment
No
The court granted an injunction against the defendants, restraining them from obstructing the plaintiff's use of the pathway and ordered the removal of the wall constructed by them.
Why Plaintiff Won:
Plaintiff proved ownership and right of way over the pathway through unchallenged evidence.
Losing Side's Weaknesses:
Plaintiff proved ownership and right of way over the pathway through unchallenged evidence.
Supporting Evidence
The unchallenged oral and documentary evidence is sufficient to grant a decree in favour of the plaintiff.

Judgment Evidence:

In the result, suit is decreed on the following terms: 1) The defendants are restrained by way of perpetual injunction from annexing any portion of plaint item No. 2 way to their properties or from obstructing the plaintiff from using plaint item No. 2 way peaceably.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
K P Babu
Party Age
61
Relation
S/o
Party Role
Defendant
Party Name
Geetha @ Seetha
Party Age
36
Relation
D/o
Party Role
Defendant
Party Name
Sarojini
Party Age
71
Relation
W/o
Party Role
Defendant
Party Name
Anitha
Party Age
35
Relation
D/o
Plaintiffs Documents
Sale deed No. 5284/93, Sale deed No. 3611/1999, Agreement granting right of way executed in favour of the plaintiff.
Defendants Documents
Tax paid receipt issued from Thrikkakkara North Village Office.

Advocates

Party Role
Plaintiff
Advocate Name
K Shaji
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Anju Mohan
Appearance Type
Assisting Counsel
Party Role
Plaintiff
Advocate Name
Ijlal C
Appearance Type
Assisting Counsel
Party Role
Plaintiff
Advocate Name
Arun Chand
Appearance Type
Assisting Counsel
Party Role
Plaintiff
Advocate Name
Thareeq Anver
Appearance Type
Assisting Counsel
Party Role
Plaintiff
Advocate Name
Renjith R
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
B M Ajith
Appearance Type
Main Counsel

Reliefs

Relief Type: Permanent Injunction
Outcome: Granted
Description:
Plaintiff sought a decree of permanent prohibitory injunction to prevent defendants from annexing any portion of plaint item No. 2 way.
Evidence:
The defendants are restrained by way of perpetual injunction from annexing any portion of plaint item No. 2 way to their properties or from obstructing the plaintiff from using plaint item No. 2 way peaceably.
Relief Type: Mandatory Injunction
Outcome: Granted
Description:
Plaintiff sought a mandatory injunction directing defendants to remove the construction obstructing the pathway.
Evidence:
The defendants are directed to remove plaint item no 3 construction by way of mandatory injunction within 3 months.
Relief Type: Other
Outcome: Granted
Description:
Plaintiff is entitled to costs of the suit.
Evidence:
Considering the facts and circumstances of the case, plaintiffs are entitled to get the costs of the proceedings.

Documents & Evidence

Document Type: Sale deed
Submitted By: Plaintiff
Relevance:
Certified copy of Sale deed no. 5284/93 of SRO, Edappally establishes the plaintiff's ownership.
Reference:
Ext.A1
Document Type: Sale deed
Submitted By: Plaintiff
Relevance:
Certified copy of Sale deed no. 3611/1999 of SRO, Edappally supports the plaintiff's claim over the property.
Reference:
Ext.A2
Document Type: Gift Deed
Submitted By: Plaintiff
Relevance:
Certified copy of Gift deed no. 1039/2019 of SRO, Edappally provides additional context to plaintiff's claims.
Reference:
Ext.A3
Document Type: Tax receipt
Submitted By: Plaintiff
Relevance:
Tax paid receipt issued from Thrikkakkara North Village Office verifies plaintiff's tax status related to property.
Reference:
Ext.A4
Document Type: Tax receipt
Submitted By: Plaintiff
Relevance:
Tax paid receipt issued from Thrikkakkara North Village Office reinforces the plaintiff's ownership rights.
Reference:
Ext.A5
Document Type: Agreement
Submitted By: Plaintiff
Relevance:
Agreement granting right of way executed in favour of the plaintiff is central to the case.
Reference:
Ext.A6
Document Type: Sale deed
Submitted By: Plaintiff
Relevance:
Certified copy of Sale deed no. 4464/1999 of SRO, Edappally adds to the plaintiff's title claims.
Reference:
Ext.A7
Document Type: Sale deed
Submitted By: Plaintiff
Relevance:
Certified copy of Sale deed no. 4465/1999 of SRO, Edappally further substantiates plaintiff's ownership.
Reference:
Ext.A8
Document Type: Release deed
Submitted By: Plaintiff
Relevance:
Certified copy of release deed no. 5877/04 of SRO, Edappally clarifies the legal history of the property.
Reference:
Ext.A9
Document Type: Release deed
Submitted By: Plaintiff
Relevance:
Certified copy of release deed no. 5876/04 of SRO, Edappally contributes to the plaintiff's claims regarding property rights.
Reference:
Ext.A10
Document Type: Commission Report
Submitted By: Court
Relevance:
Commission Report filed by Advocate Sreedass K P provides an official account of the property and surrounding area.
Reference:
Ext.C1
Document Type: Sketch
Submitted By: Court
Relevance:
Rough sketch filed along with the Commission Report illustrates the contested areas.
Reference:
Ext.C1(a)
Document Type: Tax receipt
Submitted By: Defendant
Relevance:
Tax paid receipt issued from Thrikkakkara North Village Office supports the defendants' position on ownership.
Reference:
Ext.B1
Document Type: Tax receipt
Submitted By: Defendant
Relevance:
Tax paid receipt issued from Thrikkakkara North Village Office adds to the defendants' claims of ownership.
Reference:
Ext.B2
Document Type: Tax receipt
Submitted By: Defendant
Relevance:
Tax paid receipt issued from Thrikkakkara North Village Office provides evidence for defendants' property management.
Reference:
Ext.B3
Document Type: Settlement Deed
Submitted By: Defendant
Relevance:
Settlement deed no. 783/93 of SRO, Edappally is referenced for establishing legitimacy of defendants' claims.
Reference:
Ext.B4
Document Type: Notice
Submitted By: Defendant
Relevance:
Notice issued by Thrikkakkara Service Co-operative Bank relates to financial aspects of the defendants' items.
Reference:
Ext.B5
Document Type: Oral Evidence
Submitted By: Unknown
Relevance:
Oral evidence presented by both parties contributed to understanding of the case.
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 K P Babu vs Geetha @ Seetha et al regarding injunction
Case Code Year
Case between K P Babu vs Geetha @ Seetha et al regarding injunction

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Mon, 01/01/2018 - 12:00
Case Closed
Fri, 09/13/2024 - 12:00
From
Sun, 09/01/2024 - 12:00
To
Mon, 09/30/2024 - 12:00
Outcome Confidence
90%

Involved Entities

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