Skip to main content
Niyamam AI Niyamam AI

Main navigation

  • Home
  • Lawyer Login
  • Lawyer Registration
  • About us
  • Contact
O.S No. 702/2017

Case between K.Gireesan et al vs Augustine, C.S regarding permanent prohibitory injunction.

Court
I Additional Munsiff Court
Judge
Sri. Nanda Krishna M.
Order Date
2024-10-16
Duration
approximately-7 years 4 months
Case Closed

Judgement document from eCourt website

Judgment Document
Save Case Find Similar Cases

Case Summary

The plaintiffs, K.Gireesan and his legal heirs, are contesting against defendant Augustine regarding a right of way over a pathway that serves as their only access to the public road. The dispute arose when the defendant threatened to obstruct this access by constructing on the pathway.

Judgment Outcome

Defendant Won
Interim Order
The court found in favor of the defendant, dismissing the suit for permanent prohibitory injunction. The court determined that the plaintiffs did not establish the necessary right of way over the disputed pathway.
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court found in favor of the defendant, dismissing the suit for permanent prohibitory injunction. The court determined that the plaintiffs did not establish the necessary right of way over the disputed pathway.
Key Reasoning:
The plaintiffs could not establish that the defendant was obstructing their use of the pathway.
Why Defendant Won:
The plaintiffs could not establish that the defendant was obstructing their use of the pathway.
Supporting Evidence
The plaintiff has thus failed to satisfy the preliminary requirements for the grant of an equitable relief.

Judgment Evidence:

In the result, the suit is dismissed with costs.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
K.Gireesan
Party Age
76
Relation
S/o
Party Role
Plaintiff
Party Name
Prasanna Gireesan
Party Age
66
Relation
W/o
Party Role
Plaintiff
Party Name
Deepthi Naveen
Party Age
47
Relation
D/o
Party Role
Plaintiff
Party Name
Dhanya Deepak
Party Age
41
Relation
W/o
Party Role
Plaintiff
Party Name
Abhijith D Giri
Party Age
18
Relation
S/o
Party Role
Defendant
Party Name
Augustine, C.S
Party Age
65
Relation
S/o
Plaintiffs Documents
Certified copies of sale deeds no. 3888/1999 and 3929/1999, Tax receipt of Elamkulam village office, Bill of photographs.
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Ram Narayana Prabhu
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Sudha S
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
Abraham P George
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
M.D.Beena
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
Anas C.A
Appearance Type
Assisting Counsel

Reliefs

Relief Type: Permanent Injunction
Outcome: Refused
Description:
The plaintiff sought a permanent injunction preventing the defendant from obstructing access to the pathway.
Evidence:
The plaintiff cannot be granted a relief of prohibitory injunction as sought for in the absence of any cogent materials to show that it was any obstruction caused by the defendant that resulted in lessening the usable width of plaint B schedule.

Documents & Evidence

Document Type: Sale deed
Submitted By: Plaintiff
Relevance:
The title deed provides a right of way over the plaint B schedule property.
Reference:
Ext.A1
Document Type: Sale deed
Submitted By: Plaintiff
Relevance:
The title deed provides a right of way over the plaint B schedule property.
Reference:
Ext.A2
Document Type: Tax receipt
Submitted By: Plaintiff
Relevance:
Provided as evidence related to property taxes.
Reference:
Ext.A3
Document Type: Compact Disc
Submitted By: Plaintiff
Relevance:
Contains evidence relevant to the case.
Reference:
Ext.A4
Document Type: Bill of Photographs
Submitted By: Plaintiff
Relevance:
Contains photographs relevant to the case subject to proof.
Reference:
Ext.A4(a)
Document Type: Photographs
Submitted By: Plaintiff
Relevance:
Included as evidence subject to proof.
Reference:
Ext.A5
Document Type: Commission Report
Submitted By: Court
Relevance:
Commission report providing insights into the property inspection.
Reference:
Ext.C1
Document Type: Rough Sketch
Submitted By: Court
Relevance:
Sketch related to the commission report.
Reference:
Ext.C1(a)
Document Type: Commission Report
Submitted By: Court
Relevance:
Commission report providing insights into the property inspection.
Reference:
Ext.C2
Document Type: Rough Sketch
Submitted By: Court
Relevance:
Sketch related to the commission report.
Reference:
Ext.C2(a)
Document Type: Commission Report
Submitted By: Court
Relevance:
Commission report providing insights into the property inspection.
Reference:
Ext.C3
Document Type: Sketch
Submitted By: Court
Relevance:
Sketch prepared by Surveyor relevant to the case.
Reference:
Ext.C3(a)
Document Type: Oral Evidence
Submitted By: Plaintiff
Relevance:
Consists of depositions from witnesses presented during the hearing.
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.Gireesan et al vs Augustine, C.S regarding permanent prohibitory injunction.
Case Code Year
Case between K.Gireesan et al vs Augustine, C.S regarding permanent prohibitory injunction.

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Fri, 06/16/2017 - 12:00
Case Closed
From
Tue, 10/01/2024 - 12:00
To
Thu, 10/31/2024 - 12:00
Outcome Confidence
100%

Involved Entities

Similar Cases

Case between T.O Abraham et al vs T.O Aleyas et al regarding settlement of the suit
COURT OF THE PRINCIPAL MUNSIFF, ERNAKULAM
Civil Suit Dismissed
Case between Prakash Pai, et al vs Saju, et al regarding undisclosed matter
THE COURT OF THE MUNSIFF, ERNAKULAM
Civil Suit Unknown
Case between Nithya vs Babu et al regarding Dismissal of Listed Case
THE PRINCIPAL MUNSIFF, ERNAKULAM
Civil Suit Defendant Won
Case between Kunju Bava vs C. A Abdulla regarding specific performance of agreement and consequential reliefs
The Court of the Principal Munsiff, Ernakulam
Civil Suit Unknown
Case between Ammini M.N et al vs Sindhu et al regarding undisclosed matter
THE COURT OF THE PRINCIPAL MUNSIFF, ERNAKULAM
Civil Suit Defendant Won