Case Summary
Plaintiffs are seeking a permanent prohibitory injunction against the first defendant to prevent obstruction in using a private road. The case involves disputes over property rights related to the E schedule private road.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction against the first defendant regarding the use of the E schedule private road.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiffs, restraining the first defendant from obstructing their use of the E schedule private road and directing the first defendant to pay costs of the suit.
Why Plaintiff Won:
Plaintiffs established their case by unchallenged evidence showing their absolute possession and enjoyment of the relevant properties.
Plaintiffs established their case by unchallenged evidence showing their absolute possession and enjoyment of the relevant properties.
Losing Side's Weaknesses:
Plaintiffs established their case by unchallenged evidence showing their absolute possession and enjoyment of the relevant properties.
Plaintiffs established their case by unchallenged evidence showing their absolute possession and enjoyment of the relevant properties.
Supporting Evidence
The unchallenged oral and documentary evidence is sufficient to grant a decree in favour of plaintiffs. The court is satisfied that plaintiffs are entitled for a decree.
Judgment Evidence:
In the result all issues are answered in favour of plaintiffs. In the result, suit is decreed on the following terms. 1)1st defendant is restrained by a permanent prohibitory injunction obstructing plaintiff from using the plaint E schedule private road starting from southern EVRA road to northern Edappally thodu.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Prajeesh Peter
- Party Age
- 37
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Amith Mohan
- Party Age
- 33
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Vineetha.G.Nair
- Party Age
- 33
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Smith.S.Raj
- Party Age
- 37
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Geethu Rajan.S
- Party Age
- 34
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Riyas
- Party Age
- 41
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Unitac Energy Solutions (India) Pvt Ltd
Plaintiffs Documents
Certified copies of sale deeds No.1756/1/2019, No.1770/1/2019, No.1757/1/2019, No.1769/1/2019, tax receipts.
Defendants Documents
Nil
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Nidhin Kumar.K.B
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Rapheeque.C.K
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sarimol Kareethara
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Nisha.G.Tharamal
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Rajitha.K.R
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Seega Joy
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Mohznaz.H
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Anoop Joseph
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Zerene Linda Mitchel
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Aswani Thuvuakkadan
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Krishna.S
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Permanent prohibitory injunction restraining the 1st defendant from obstructing the plaintiffs from using the plaint E schedule private road.
Evidence:
1st defendant is restrained by a permanent prohibitory injunction obstructing plaintiff from using the plaint E schedule private road starting from southern EVRA road to northern Edappally thodu.
Relief Type:
Costs
Outcome:
Granted
Description:
The 1st defendant is directed to pay costs of the suit to the plaintiffs.
Evidence:
1st defendant is directed to pay costs of the suit to plaintiff.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Sale deed no.1756/2019 establishes the plaintiffs' ownership of the property.
Reference:
Ext.A1
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Sale deed no.1770/2019 indicates that the plaint B schedule property belongs to the 2nd and 3rd plaintiffs.
Reference:
Ext.A2
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Sale deed no.1757/2019 is part of the plaintiffs' evidence for property ownership.
Reference:
Ext.A3
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Sale deed no.1769/2019 shows ownership of the plaint D schedule property by the 6th and 7th plaintiffs.
Reference:
Ext.A4
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Tax receipt demonstrates ownership and payment for the property related to the suit.
Reference:
Ext.A5
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Tax receipt supports the plaintiffs' claim of ownership and responsibility for the property.
Reference:
Ext.A6
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Tax receipt further corroborates the plaintiffs' ownership of the property.
Reference:
Ext.A7
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report outlines the nature and layout of the plaint properties and access.
Reference:
Ext.C1
Document Type:
Rough Sketch
Submitted By:
Court
Relevance:
Rough sketch was submitted alongside the commission report, illustrating the properties.
Reference:
Ext.C1(a)
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 Prajeesh Peter et al vs Riyas et al regarding permanent prohibitory injunction
Case Code Year
Case between Prajeesh Peter et al vs Riyas et al regarding permanent prohibitory injunction