Case Summary
Sunil Kumar P, the plaintiff, is seeking a permanent prohibitory injunction against Surendran, the defendant, in relation to the use of a private pathway for ingress and egress to his property. The case involves issues of property rights and obstruction.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The petition for a permanent prohibitory injunction is allowed in part, restraining the defendant from obstructing the use of 'B' schedule private pathway.
Why Plaintiff Won:
The plaintiff has established a prima facie case for the use of the pathway and demonstrated the necessity for its unrestricted use.
The plaintiff has established a prima facie case for the use of the pathway and demonstrated the necessity for its unrestricted use.
Losing Side's Weaknesses:
The plaintiff has established a prima facie case for the use of the pathway and demonstrated the necessity for its unrestricted use.
The plaintiff has established a prima facie case for the use of the pathway and demonstrated the necessity for its unrestricted use.
Supporting Evidence
The plaintiff successfully proved the exclusive right over the 'B' Schedule private pathway as previously established in another suit.
Judgment Evidence:
In the result, this petition is allowed in part. Respondent is restrained from obstructing the use of B schedule private pathway for ingress and egress to the plaint A schedule property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sunil Kumar P
- Party Age
- 52
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Surendran
- Party Age
- 57
- Relation
- S/o
Plaintiffs Documents
Ext.A1: Photograph of the water passage
Defendants Documents
Ext.B1: Complaint filed before the Kollam Corporation Secretary, Ext.B2: Photographs, Ext.B3: Copy of Notice No.132 85 59-2025
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Drisya Das
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- V Aswin
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Partly Granted
Description:
Respondent is restrained from obstructing the use of B schedule private pathway for ingress and egress to the plaint A schedule property.
Evidence:
In the result, this petition is allowed in part. Respondent is restrained from obstructing the use of B schedule private pathway for ingress and egress to the plaint A schedule property.
Documents & Evidence
Document Type:
Photograph
Submitted By:
Plaintiff
Relevance:
Photograph of the water passage related to the pathway in dispute.
Reference:
Ext.A1
Document Type:
Complaint
Submitted By:
Defendant
Relevance:
Complaint filed before the Kollam Corporation Secretary regarding the construction of the compound wall.
Reference:
Ext.B1
Document Type:
Photograph
Submitted By:
Defendant
Relevance:
Photographs related to the defendant's complaint.
Reference:
Ext.B2
Document Type:
Notice
Submitted By:
Defendant
Relevance:
Copy of notice regarding the stop memo of construction issued by Kollam Municipal Corporation.
Reference:
Ext.B3
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report prepared and submitted by the advocate commissioner detailing the situation of the plaint B schedule property.
Reference:
Ext.C1
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 Sunil Kumar P vs Surendran regarding permanent prohibitory injunction
Case Code Year
Case between Sunil Kumar P vs Surendran regarding permanent prohibitory injunction