Case Summary
The plaintiff, Sreedevi. S, is seeking relief against the defendant, Rema, for obstructing the only pathway providing access to the plaintiff's property. The case involves a dispute over property boundaries and the encroachment of a cattle shed by the defendant.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant is restrained from obstructing the use of the plaint C schedule pathway and the peaceful possession and enjoyment of the plaint A schedule property.
Case Type
Civil Suit
Final Judgment
No
The court partly decreed the suit, restraining the defendant from obstructing the use of the plaint C schedule pathway and allowing the plaintiff to recover costs from the defendant. The court found in favor of the plaintiff regarding the use of the pathway.
Why Plaintiff Won:
The plaintiff was able to establish a valid claim regarding the use of the pathway and demonstrated that the defendant had obstructed this usage.
The plaintiff was able to establish a valid claim regarding the use of the pathway and demonstrated that the defendant had obstructed this usage.
Losing Side's Weaknesses:
The plaintiff was able to establish a valid claim regarding the use of the pathway and demonstrated that the defendant had obstructed this usage.
The plaintiff was able to establish a valid claim regarding the use of the pathway and demonstrated that the defendant had obstructed this usage.
Supporting Evidence
The plaintiff is entitled to get a decree to use the C schedule pathway as it is reported by the commissioner.
Judgment Evidence:
In the result, the suit is partly decreed with costs as follows: 1. It is ordered and directed that the defendant is restrained from obstructing the use of the plaint C schedule pathway and obstructing the peaceful possession and enjoyment of the plaint A schedule property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sreedevi. S
- Party Age
- 76
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Rema
- Party Age
- 65
- Relation
- D/o
Plaintiffs Documents
Certified copy of Sale deed No 1630/1981, Copy of Tax receipt
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Vettoor S. Prakash
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Partly Granted
Description:
Plaintiff sought to restrain the defendant from obstructing the use of the plaint C schedule pathway.
Evidence:
It is ordered and directed that the defendant is restrained from obstructing the use of the plaint C schedule pathway and obstructing the peaceful possession and enjoyment of the plaint A schedule property.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff sought costs of the suit from the defendant.
Evidence:
The plaintiff is allowed to realize the cost of the suit from the defendant and her assets.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
This document serves as proof of the plaintiff's title and possession of the plaint A schedule property.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
This document corroborates the plaintiff's claim regarding the plaint A schedule property.
Reference:
Ext.A2
Document Type:
Commission Report
Submitted By:
Court
Relevance:
The report provides findings relevant to the encroachment and use of the plaint C schedule pathway.
Reference:
Ext.C1
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Case Code
Case between Sreedevi. S vs Rema regarding boundary, permanent prohibitory injunction and mandatory injunction
Case Code Year
Case between Sreedevi. S vs Rema regarding boundary, permanent prohibitory injunction and mandatory injunction