Case Summary
Rejimon M.S is the plaintiff seeking a permanent prohibitory injunction against defendants Vinod K.V. and Santhosh K.V. The case revolves around a dispute over the right of way through property owned by the plaintiff.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The first defendant is restrained from taking vehicles through the plaint schedule Item No.2 way and from trespassing into that pathway. The second defendant is restrained from widening the plaint schedule Item No.2 way.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, restraining the first defendant from taking vehicles through a specific pathway, and preventing the second defendant from widening the pathway.
Why Plaintiff Won:
The evidence provided by the plaintiff was not rebutted by the defendants, validating the claims made.
The evidence provided by the plaintiff was not rebutted by the defendants, validating the claims made.
Losing Side's Weaknesses:
The evidence provided by the plaintiff was not rebutted by the defendants, validating the claims made.
The evidence provided by the plaintiff was not rebutted by the defendants, validating the claims made.
Supporting Evidence
The plaint averments, affidavit and the documents would establish the case of the plaintiff. There is no evidence to rebut the evidence adduced on the side of the plaintiff.
Judgment Evidence:
In the result, the suit is decreed as follows: The 1st defendant is restrained for taking vehicles through the plaint schedule item No.2 way and from trespassing into the plaint schedule item No.2 way and from cut opening a pathway through the plaint schedule item No.1 property. The 2nd defendant is restrained from widening plaint schedule item No.2 way by annexing any portion of plaint schedule item No.1 property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Rejimon M.S
- Party Age
- 48
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Vinod K.V.
- Party Age
- 49
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Santhosh K.V.
- Party Age
- 38
- Relation
- S/o
Plaintiffs Documents
Copy of the relinquishing deed with number 2427/08, Copy of the agreement, Copy of the Plaint in OS 335/2012, Copy of the written statement in OS 335/2012, Copy of the Judgment in OS 335/2012, Copy of decree and mediation report in OS 335/2012, Copy of the commission report in OS 335/2012.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- B Ashok
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Reshmi K. M
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Umadevi. B
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
The first defendant is restrained from taking vehicles through the plaint schedule item No.2 way.
Evidence:
The 1st defendant is restrained for taking vehicles through the plaint schedule item No.2 way and from trespassing into the plaint schedule item No.2 way and from cut opening a pathway through the plaint schedule item No.1 property.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
The second defendant is restrained from widening plaint schedule item No.2 way.
Evidence:
The 2nd defendant is restrained from widening plaint schedule item No.2 way by annexing any portion of plaint schedule item No.1 property.
Documents & Evidence
Document Type:
Relinquishing Deed
Submitted By:
Plaintiff
Relevance:
Establishes the plaintiff's ownership of the property.
Reference:
Ext.A1
Document Type:
Agreement
Submitted By:
Plaintiff
Relevance:
Related to the rights of way for vehicular access.
Reference:
Ext.A2
Document Type:
Plaint
Submitted By:
Plaintiff
Relevance:
Filed in OS 335/2012, provides context to the current dispute.
Reference:
Ext.A3
Document Type:
Written Statement
Submitted By:
Plaintiff
Relevance:
Filed in OS 335/2012, offers insights into prior claims.
Reference:
Ext.A4
Document Type:
Judgment
Submitted By:
Plaintiff
Relevance:
Outcome of OS 335/2012 relevant to establishing property rights.
Reference:
Ext.A5
Document Type:
Decree and Mediation Report
Submitted By:
Plaintiff
Relevance:
Final orders from OS 335/2012 that impact current case.
Reference:
Ext.A6
Document Type:
Commission Report
Submitted By:
Plaintiff
Relevance:
Provides evidence regarding property layout and access points.
Reference:
Ext.A7
Document Type:
Rough Sketch
Submitted By:
Plaintiff
Relevance:
Illustrates the land layout in OS 335/2012.
Reference:
Ext.A7(a)
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Details on property assessment from OS 307/2016.
Reference:
Ext.C1
Document Type:
Rough Sketch
Submitted By:
Court
Relevance:
Visual representation related to Commission Report in OS 307/2016.
Reference:
Ext.C1(a)
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Further details regarding property conditions relevant to the case.
Reference:
Ext.C2
Document Type:
Enlargement Sketch
Submitted By:
Court
Relevance:
Supplementary visual evidence aiding in property dispute resolution.
Reference:
Ext.C2(a)
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Common Reasons
Case Code
Case between Rejimon M.S vs Vinod K.V., Santhosh K.V. regarding permanent prohibitory injunction
Case Code Year
Case between Rejimon M.S vs Vinod K.V., Santhosh K.V. regarding permanent prohibitory injunction