Case Summary
The plaintiffs, Mendez @ Augustin and Sudha, are seeking a permanent prohibitory injunction against the defendant, Francis, regarding an access pathway claimed by both parties. The case involves disputes over property rights and access routes between the plaintiff and defendant properties.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction restraining the defendant and his agents from using any part of the plaint C schedule way.
Case Type
Civil Suit
Final Judgment
No
The court granted the plaintiffs' request for a permanent prohibitory injunction against the defendant's encroachment on the plaintiffs' property and established the plaintiffs' exclusive rights over the contested pathway.
Why Plaintiff Won:
The plaintiffs successfully established their previous legal right over the pathway through a decree in an earlier case.
The plaintiffs successfully established their previous legal right over the pathway through a decree in an earlier case.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
...the plaintiffs herein obtained easement by prescription right over the plaint C schedule way-a fact admitted by the defendant.
Judgment Evidence:
In the result, counterclaim dismissed and the suit is decreed with costs as follows: The defendant and his agents are restrained from using any part of the plaint C schedule way by encroaching into the plaint A schedule property for their ingress and egress to the defendant’s property, using the C schedule way for any other purpose.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Mendez @ Augustin
- Party Age
- 75
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Sudha
- Party Age
- 38
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Francis
- Party Age
- 55
- Relation
- S/o
Plaintiffs Documents
Sale Deed No. 708/2006, Sale Deed No. 166/2006, Original Land Tax Receipt, Photocopy of order passed by RDO, Kollam, Photocopy of Report passed by Tahasildar, Kollam
Defendants Documents
Certified copy of Sale Deed No. 1702/1998, Certified copy of Settlement Deed No. 5657/2012, Photocopy of Land Tax Receipt, Certified copy of Judgment in OS. 636/2010, Certified copy of Commission report in OS. 636/2010
Advocates
- Party Role
- Plaintiff
- Advocate Name
- S.K.Reghupalan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- R.Mohana Babu
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Bindu.B.S.
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Aji Mathew
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Permanent prohibitory injunction restraining the defendant from using the C schedule private road.
Evidence:
The defendant and his agents are restrained from using any part of the plaint C schedule way by encroaching into the plaint A schedule property for their ingress and egress to the defendant’s property.
Relief Type:
Permanent Injunction
Outcome:
Refused
Description:
Counterclaim for a permanent prohibitory injunction to restrain the plaintiffs.
Evidence:
The counterclaim plaintiff has failed to establish his claim for easement by prescription over the counterclaim C schedule pathway.
Relief Type:
Mandatory Injunction
Outcome:
Refused
Description:
Mandatory injunction directing the plaintiffs to remove obstructions in the counterclaim C schedule pathway.
Evidence:
The counterclaim plaintiff is not entitled to get a decree of mandatory injunction directing the plaintiffs/counterclaim defendants to remove the obstructions.
Relief Type:
Declaration
Outcome:
Refused
Description:
Claim for a declaration recognizing the counterclaim C schedule as the only access to the counterclaim A and B schedule properties.
Evidence:
He is not entitled to get a declaration as prayed for.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
This document is evidence of the 2nd plaintiff's ownership of the B schedule property.
Reference:
Ext.A1
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
This document confirms the purchase of the B schedule property by the 2nd plaintiff.
Reference:
Ext.A2
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
This document demonstrates the payment of land tax for the B schedule property.
Reference:
Ext.A3
Document Type:
Order
Submitted By:
Plaintiff
Relevance:
This order from the RDO supports the plaintiffs' claim regarding the C schedule private road.
Reference:
Ext.A4
Document Type:
Report
Submitted By:
Plaintiff
Relevance:
This report from the Tahasildar relates to the plaintiffs' case concerning the C schedule road.
Reference:
Ext.A5
Document Type:
Sale deed
Submitted By:
Defendant
Relevance:
This deed establishes the defendant's ownership of the property from which the counterclaim arises.
Reference:
Ext.B1
Document Type:
Settlement Deed
Submitted By:
Defendant
Relevance:
This deed shows the defendant's transfer of property to his daughter.
Reference:
Ext.B2
Document Type:
Land Tax Receipt
Submitted By:
Defendant
Relevance:
This receipt indicates payment of land tax on the supplied dates, supporting the defendant's claims.
Reference:
Ext.B4
Document Type:
Judgment
Submitted By:
Defendant
Relevance:
This judgment in OS No. 636/2010 is referenced regarding the easement claim.
Reference:
Ext.B5
Document Type:
Commission Report
Submitted By:
Defendant
Relevance:
This report documents the findings regarding the disputed pathway relevant to the counterclaim.
Reference:
Ext.B6
Document Type:
Certificate
Submitted By:
Defendant
Relevance:
This deposition serves to support the defendant's claims regarding the use of the pathway.
Reference:
Ext.B11
Document Type:
Commission Report
Submitted By:
Court
Relevance:
This report presents findings from the advocate commissioner related to the C schedule pathway.
Reference:
Ext.C1
Document Type:
Commission Report
Submitted By:
Court
Relevance:
This report includes observations reinforcing the conclusions about the pathway in dispute.
Reference:
Ext.C2
Document Type:
Commission Report
Submitted By:
Court
Relevance:
This report provides analysis pertinent to the property boundaries concerning the claims.
Reference:
Ext.C3
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Case Code
Case between Mendez @ Augustin vs Francis regarding Permanent Prohibitory Injunction
Case Code Year
Case between Mendez @ Augustin vs Francis regarding Permanent Prohibitory Injunction