Case Summary
Rajeevan, the plaintiff, seeks a permanent prohibitory injunction to prevent Celin, the defendant, from obstructing a pathway to his property. The obstruction allegedly began on 01-07-2022 when the defendant attempted to block access.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendants and her men are permanently restrained from blocking the plaint B schedule pathway.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff, restraining the defendant from blocking the pathway. The plaintiff is also entitled to recover costs of the suit.
Why Plaintiff Won:
The plaintiff's case stands proved and unchallenged by the pleadings and evidences.
The plaintiff's case stands proved and unchallenged by the pleadings and evidences.
Losing Side's Weaknesses:
The plaintiff's case stands proved and unchallenged by the pleadings and evidences.
The plaintiff's case stands proved and unchallenged by the pleadings and evidences.
Supporting Evidence
The deposition of PW1, Ext. A1, attested copy of final decree plan in OS No. 320/2011 of Munsiff Court, Kollam, Ext. A2, attested copy of final decree judgment in OS No. 320/2011, Ext.A3, copy of complaint filed before Secretary, Kollam Corporation and Ext.A4, copy of receipt issued by Kollam Corporation would prove the plaint claim. There is no contra evidence to prove otherwise.
Judgment Evidence:
In the result, the suit is decreed with costs as follows: i. The defendants and her men are permanently restrained from blocking the plaint B schedule pathway for the ingress and egress to plaint A schedule property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Rajeevan
- Party Age
- 61
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Celin
- Relation
- W/o
Plaintiffs Documents
Attested copy of final decree plan in OS No. 320/2011, Certified copy of final decree judgment in OS 320/2011, Copy of complaint filed before Secretary, Kollam Corporation, Copy of receipt issued by Kollam Corporation.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Mayyanad T.A. Suresh
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Thomas John Morris
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Chethana T.Karma
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Defendants and her men are permanently restrained from blocking the plaint B schedule pathway.
Evidence:
The defendants and her men are permanently restrained from blocking the plaint B schedule pathway for the ingress and egress to plaint A schedule property.
Relief Type:
Cost Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to realise the costs of the suit from the defendant.
Evidence:
Plaintiff is also entitled to realise the costs of the suit from the defendant.
Documents & Evidence
Document Type:
Attested copy of final decree plan
Submitted By:
Plaintiff
Relevance:
Proves the plaint claim regarding the right of way.
Reference:
Ext.A1
Document Type:
Certified copy of final decree judgment
Submitted By:
Plaintiff
Relevance:
Supports the plaintiff's ownership and right of way.
Reference:
Ext.A2
Document Type:
Copy of complaint filed before Secretary, Kollam Corporation
Submitted By:
Plaintiff
Relevance:
Documents the plaintiff's complaint about the defendant's actions.
Reference:
Ext.A3
Document Type:
Copy of receipt issued by Kollam Corporation
Submitted By:
Plaintiff
Relevance:
Validates the plaintiff's claims regarding the corporation's involvement.
Reference:
Ext.A4
Document Type:
Copy of Photograph
Submitted By:
Plaintiff
Relevance:
Visual evidence related to the case.
Reference:
Ext.A5
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Substantiates the case of the plaintiff through expert findings.
Reference:
C1 series
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Further evidence from the commissioner supporting the plaintiff's claims.
Reference:
C2 series
Case Classification
Case Type
Civil Suit
Category
Injunction and Access Rights
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Right of way obstruction
Case Code
Case between Rajeevan vs Celin regarding permanent prohibitory injunction
Case Code Year
Case between Rajeevan vs Celin regarding permanent prohibitory injunction