Case between P.A. Ravikumar vs Vimalkumar.L et al regarding obstruction of road usage.

Case Summary

P.A. Ravikumar filed a petition against Vimalkumar.L and D. Rajan regarding an obstruction to the usage of a road. The plaintiff claims a right of way granted by a consent agreement of easement between the parties.

Judgment Outcome

Plaintiff Won

Interim Order

The court allowed the plaintiff's application for an injunction against the defendants who were absent in the proceedings. The plaintiff demonstrated a prima facie case and the balance of convenience favored the plaintiff.

Judgment Favored

Plaintiff

Relief Granted

Order of injunction granted.

Case Type

Civil Suit

Final Judgment

No

The court allowed the plaintiff's application for an injunction against the defendants who were absent in the proceedings. The plaintiff demonstrated a prima facie case and the balance of convenience favored the plaintiff.

Why Plaintiff Won:
The court found the plaintiff had made out a prima facie case and that not granting relief would cause irreparable harm.

Losing Side's Weaknesses:
Not available

Supporting Evidence

I am satisfied that plaintiff has made out a prima facie case. Balance of convenience is in favour of plaintiff, irreparable injury and loss would be caused to plaintiff an order of injunction is not granted.

Judgment Evidence:

Hence IA allowed.

Parties Involved

Parties

Party Role: Plaintiff
Party Name: P.A. Ravikumar
Party Age: 64
Relation: S/o

Party Role: Defendant
Party Name: Vimalkumar.L
Party Age: 52
Relation: S/o

Party Role: Defendant
Party Name: D. Rajan
Party Age: 70
Relation: S/o

Plaintiffs Documents

Consent agreement of easement dated 01/12/2005.

Defendants Documents

Advocates

Party Role: Plaintiff
Advocate Name: Sri. Deepu. U.V
Appearance Type: Main Counsel

Party Role: Plaintiff
Advocate Name: Sri. Arunjith. A.L
Appearance Type: Assisting Counsel

Party Role: Plaintiff
Advocate Name: Smt. Lekshmi S.R. Nair
Appearance Type: Assisting Counsel

Party Role: Plaintiff
Advocate Name: Smt. Sapna Bai. A
Appearance Type: Assisting Counsel

Party Role: Plaintiff
Advocate Name: Smt. Fathima.S
Appearance Type: Assisting Counsel

Party Role: Defendant
Advocate Name: Sri. Shahanaz. B
Appearance Type: Main Counsel

Reliefs

Relief Type: Injunction

Outcome: Granted

Description:

Plaintiff requested an order of injunction to prevent the defendant from obstructing the usage of plaint B schedule road.

Evidence:

Upon considering the affidavit and documents produced, I am satisfied that plaintiff has made out a prima facie case. Balance of convenience is in favour of plaintiff, irreparable injury and loss would be caused to plaintiff a order of injunction is not granted. Hence IA allowed.

Documents & Evidence

Document Type: Consent Agreement of Easement by Grant

Submitted By: Plaintiff

Relevance:

This document establishes the plaintiff's right of way through the plaint B schedule property for the beneficial enjoyment of plaint A schedule property.

Reference:

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Case Classification