Case Summary
Shine. S has filed a suit against Sajeeva Chandran and Sivadasan for a permanent prohibitory injunction. The plaintiff claims the defendants obstructed maintenance work on his property and prevented access via certain pathways.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants are permanently restrained from making any obstructions in the maintenance work and from preventing the plaintiff and his men from using the specified pathways.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, granting the requested permanent prohibitory injunction against the defendants.
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
Ext.A1, Sale Deed No. 1413/2017 dated 26/12/2017, Ext.A2, Registered Sale Deed No. 59/1/2018 dated 15/01/2018 shows that the plaintiff is the absolute owner in possession of plaint A and B schedule properties.
Judgment Evidence:
In the result, the suit is decreed with costs as follows: i. The defendants and their men are permanently restrained from making any obstructions in the maintenance work carried out on the western boundary of B schedule property and from preventing the plaintiff and his men from using the D and E schedule pathway for ingress to and egress from the A and B schedule properties.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Shine. S
- Party Age
- 48
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sajeeva Chandran
- Party Age
- 58
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sivadasan
- Party Age
- 70
- Relation
- S/o
Plaintiffs Documents
Sale Deed No. 1413/2017, Registered Sale Deed No. 59/1/2018
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- J. G. Jyolsna
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Ajay Koivila
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Nisha Babu
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Deepika. S
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Permanently restrained the defendants from obstructing maintenance work on B schedule property and from preventing use of D and E schedule pathways.
Evidence:
The defendants and their men are permanently restrained from making any obstructions in the maintenance work carried out on the western boundary of B schedule property and from preventing the plaintiff and his men from using the D and E schedule pathway for ingress to and egress from the A and B schedule properties.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff entitled to realize the costs of the suit from the defendants.
Evidence:
Plaintiff is also entitled to realise the costs of the suit from the defendants.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Proves the plaintiff's ownership of plaint A schedule property.
Reference:
Ext.A1
Document Type:
Registered Sale Deed
Submitted By:
Plaintiff
Relevance:
Shows the easement right granted to the plaintiff for pathway access.
Reference:
Ext.A2
Document Type:
Commissioner Report
Submitted By:
Court
Relevance:
Identifies the properties and confirms the pathways for ingress and egress.
Reference:
C1 series
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Case Code
Case between Shine. S vs Sajeeva Chandran et al regarding permanent prohibitory injunction
Case Code Year
Case between Shine. S vs Sajeeva Chandran et al regarding permanent prohibitory injunction