O.S No. 91/2020

Case between Sajeev Kumar vs Udayan K.K et al regarding permanent prohibitory injunction

Court

COURT OF THE PRINCIPAL MUNSIFF, ERNAKULAM

Judge

Sri. Rohit Nandakumar

Order Date

2025-01-27

Duration

Case Closed

Judgement document from eCourt website

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Case Summary

Sajeev Kumar is the plaintiff, seeking a permanent prohibitory injunction against Udayan K.K and others regarding the right of easement over a pathway. The plaintiff claims rights over the property that affects access to the main road.

Judgment Outcome

Plaintiff Won

Interim Order

The court granted a permanent prohibitory injunction, preventing the first defendant from trespassing on the plaintiff's pathway which is critical for access to the main road. The plaintiff was also awarded costs from the first and second defendants.

Judgment Favored

Plaintiff

Relief Granted

A decree of permanent prohibitory injunction restraining the first defendant from trespassing upon the plaint C schedule property.

Case Type

Civil Suit

Final Judgment

Why Plaintiff Won:
The plaintiff's evidence remained unchallenged, establishing his right and possession over the relevant properties.

Losing Side's Weaknesses:
The plaintiff's evidence remained unchallenged, establishing his right and possession over the relevant properties.

Supporting Evidence

From the totality of the evidence on record, which in essence remains unchallenged, I am of the opinion that the case of the plaintiff stands proved and that the plaintiff is therefore entitled to a decree in his favour.

Judgment Evidence:

In the result, the suit is decreed as follows: I. A decree of permanent prohibitory injunction is passed restraining the first defendant from trespassing upon the plaint C schedule property, thereby reducing the width of the plaint B schedule property from its original 3 meters.

Parties Involved

Parties

Party Role: Plaintiff
Party Name: Sajeev Kumar
Party Age: 54
Relation: S/o

Party Role: Defendant
Party Name: Udayan K.K
Party Age: 51
Relation: S/o

Party Role: Defendant
Party Name: Rajamma
Party Age: 70
Relation: W/o

Party Role: Defendant
Party Name: Pradeep K. L
Relation: S/o

Plaintiffs Documents

Certified copy of Sale Deed No. 1410/2010

Defendants Documents

Advocates

Party Role: Plaintiff
Advocate Name: Hari Sharma
Appearance Type: Main Counsel

Party Role: Defendant
Advocate Name: T.K Devarajan
Appearance Type: Main Counsel

Party Role: Defendant
Advocate Name: Varghese C. Kuriakose
Appearance Type: Assisting Counsel

Party Role: Defendant
Advocate Name: Ranimol M.T
Appearance Type: Assisting Counsel

Party Role: Defendant
Advocate Name: Susanth Shaji
Appearance Type: Assisting Counsel

Party Role: Defendant
Advocate Name: Ally Paul Thottam
Appearance Type: Assisting Counsel

Reliefs

Relief Type: Permanent Injunction

Outcome: Granted

Description:

A decree of permanent prohibitory injunction is passed restraining the first defendant from trespassing upon the plaint C schedule property, thereby reducing the width of the plaint B schedule property from its original 3 meters.

Evidence:

The plaintiff is entitled to get a decree of permanent prohibitory injunction as prayed for.

Relief Type: Other

Outcome: Granted

Description:

The plaintiff is entitled to the costs of the suit from the first and second defendants.

Evidence:

In the fact and circumstances of the case, I am of the opinion that the plaintiff is entitled to the costs of the suit from the first and second defendants.

Documents & Evidence

Document Type: Sale deed

Submitted By: Plaintiff

Relevance:

The title document establishing the plaintiff's ownership and rights over the plaint A schedule and the easement rights over plaint B schedule property.

Reference:

Ext.A1

Document Type: Commission Report

Submitted By: Court