Case Summary
The plaintiffs, K.S. Sumesh Kumar and Smitha Sumesh, claim ownership over a property and seek an injunction against the defendants, Biju N. Nair and Mohanankumar Nair, who allegedly attempted to alter the property without consent. The defendants counter that the plaintiffs have overstepped their ownership rights.
Judgment Outcome
Judgment Favored
Partial
Relief Granted
Defendants, their agents and successors are restrained from altering the revenue records and interfering with the peaceful use of the plaint ‘C’ schedule property
Case Type
Civil Suit
Final Judgment
No
The case has been partly decreed in favor of the plaintiffs, granting them protective relief regarding the use of the common pathway, but not allowing all their claims.
Key Reasoning:
The plaintiffs demonstrated a prima facie right of access over the common pathway.
The plaintiffs demonstrated a prima facie right of access over the common pathway.
Losing Side's Weaknesses:
The plaintiffs demonstrated a prima facie right of access over the common pathway.
The plaintiffs demonstrated a prima facie right of access over the common pathway.
Supporting Evidence
The evidence indicates that any alteration to the pathway’s level or layout would directly impede ingress to the plaint ‘A’ schedule property, causing irreparable prejudice.
Judgment Evidence:
In the result: the suit is partly decreed as follows: (a) Let the defendants, their agents and successors be perpetually restrained from creating any type of registered or unregistered documents by annexing or appending the plaint ‘C’ schedule property as their exclusive property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- K.S. Sumesh Kumar
- Party Age
- 43
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Smitha Sumesh @ Smitha Rajan
- Party Age
- 41
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Biju N. Nair
- Party Age
- 35
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Mohanankumar Nair
- Party Age
- 60
- Relation
- S/o
Plaintiffs Documents
Certified copy of Sale deed No. 1849/2006, Certified copy of Sale deed No. 131/2009, Certified copy of Sale deed No. 119/2017, Original tax receipt, Tax receipt
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Thonnakkal G. Rajeev
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt. Swayamprabha H.L
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt. Soorya. L
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Ashok P. Nair
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.Ganesh M.M
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Partly Granted
Description:
Plaintiffs sought an injunction to prevent defendants from altering the plaint ‘C’ schedule property and its usage.
Evidence:
The plaintiffs have demonstrated a clear prima facie right of access over the plaint ‘C’ schedule property and the necessity to preserve its existing condition.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Sale deed No. 1849/2006 establishing the plaintiff's ownership of the plaint ‘A’ schedule property.
Reference:
Ext.A1
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Sale deed No. 131/2009 pertaining to the plaint ‘B’ schedule property.
Reference:
Ext.A2
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Sale deed No. 119/2017 relevant to the property sold to the first defendant.
Reference:
Ext.A3
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Original tax receipt establishing the plaintiffs' payment of property tax for the plaint ‘A’ schedule property.
Reference:
Ext.A4
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Tax receipt dated 27/05/2025 further validating the plaintiffs' ownership.
Reference:
Ext.A5
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report reflecting the status of the plaint schedule properties as examined by the court.
Reference:
Ext.C1
Document Type:
Survey Plan
Submitted By:
Court
Relevance:
Survey plan prepared to illustrate the layout and measurements of the plaint schedule properties.
Reference:
Ext.C1(a)
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Case Code
OS.NO.
Case Code Year
2017