Case Summary
Rosily Agnes filed a suit seeking a permanent prohibitory injunction against Vijayarajan and Umesh Menon to prevent obstruction in the use of a pathway leading to her property. The defendants contested the claim alleging that the plaintiff was suppressing material facts.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction from causing any obstructions in the user of plaint B scheduled property.
Case Type
Civil Suit
Final Judgment
No
The court found in favor of the plaintiff, granting a permanent prohibitory injunction against the first defendant from obstructing the plaintiff's use of the pathway.
Why Plaintiff Won:
The plaintiff's right to use plaint B schedule property as access to plaint A schedule property was unchallenged.
The plaintiff's right to use plaint B schedule property as access to plaint A schedule property was unchallenged.
Losing Side's Weaknesses:
The plaintiff's right to use plaint B schedule property as access to plaint A schedule property was unchallenged.
The plaintiff's right to use plaint B schedule property as access to plaint A schedule property was unchallenged.
Supporting Evidence
What emerges from the discussion above is that the plaintiffs right to use plaint B schedule property as an access to plaint A schedule property stands unchallenged.
Judgment Evidence:
In the result, the suit is decreed as follows: 1. That the 1st defendant is hereby restrained by a permanent prohibitory injunction from causing any obstructions in the user of plaint B schedule property by the plaintiff and her men. 2. That the 1st defendant shall pay the costs of the suit to the plaintiff.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Rosily Agnes
- Party Age
- 77
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Vijayarajan
- Party Age
- 57
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Umesh Menon
- Party Age
- 55
- Relation
- S/o
Plaintiffs Documents
Certified copy of Jenmam assignment deed No.987/1984, Land tax receipt issued by Kasaba Village in the name of Rejinold Clement, Certified copy of Jenmam assignement deed No.20/1977.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. K.N.Saseendran
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.N.Rajan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Benny P.S
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Plaintiff sought to restrain the defendant from causing obstructions in the use of plaint B scheduled property.
Evidence:
The plaintiff is entitled for a permanent prohibitory injunction as prayed for.
Relief Type:
Costs
Outcome:
Granted
Description:
Plaintiff requested costs of the suit.
Evidence:
The 1st defendant shall pay the costs of the suit to the plaintiff.
Documents & Evidence
Document Type:
Certified copy of Jenmam assignment deed
Submitted By:
Plaintiff
Relevance:
Claims ownership of plaint A scheduled property.
Reference:
Ext.A1
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Supports the ownership of the plaintiff.
Reference:
Ext.A2
Document Type:
Certified copy of Jenmam assignment deed
Submitted By:
Plaintiff
Relevance:
Evidence of prior ownership relevant to the suit.
Reference:
Ext.A3
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Describes the condition and boundaries of the properties involved.
Reference:
Ext.C1
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Details further findings regarding the property boundaries.
Reference:
Ext.C2
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 1 Kozhikode
Common Reasons
Case Code
Case between Rosily Agnes vs Vijayarajan et al regarding permanent prohibitory injunction.
Case Code Year
Case between Rosily Agnes vs Vijayarajan et al regarding permanent prohibitory injunction.