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O.S. No. 555/2020

Case between Thomas et al vs Anil Kumar et al regarding permanent prohibitory injunction.

Court
COURT OF MUNSIFF, ERNAKULAM
Judge
Smt. Needi.K.Dinamany
Order Date
2025-12-20
Duration
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

The plaintiffs, Thomas and Midhun Thomas, seek a permanent prohibitory injunction against the defendants, Anil Kumar and Sheeja, regarding the use of a pathway adjacent to the property. The plaintiffs claim ownership of the pathway and allege that the defendants are attempting to unlawfully sell part of their property by misrepresenting access to this pathway.

Judgment Outcome

Defendant Won
Interim Order
The court dismissed the plaintiffs' suit for permanent prohibitory injunction and the defendants' counter claim for money. The court found that the plaintiffs did not have exclusive rights over the disputed pathway.
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court dismissed the plaintiffs' suit for permanent prohibitory injunction and the defendants' counter claim for money. The court found that the plaintiffs did not have exclusive rights over the disputed pathway.
Key Reasoning:
The plaintiffs could not establish exclusive rights over the property claimed in the suit.
Why Defendant Won:
The plaintiffs could not establish exclusive rights over the property claimed in the suit.
Supporting Evidence
The court found that the plaintiff has no exclusive right over the plaint C schedule property as alleged by him.

Judgment Evidence:

In the result, 1) Suit is dismissed with costs. 2) Counter claim is dismissed with costs.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Thomas
Party Age
61
Relation
S/o
Party Role
Plaintiff
Party Name
Midhun Thomas
Relation
S/o
Party Role
Defendant
Party Name
Anil Kumar
Party Age
53
Relation
S/o
Party Role
Defendant
Party Name
Sheeja
Party Age
51
Relation
W/o
Plaintiffs Documents
Certified copies of Gift deed no: 1831/1989, Sale deed no: 2735/2001, Settlement no: 2556/1995, Sale deed no: 2023/2021.
Defendants Documents
Certified copies of Sale deed no: 1656/2005, Sale deed no: 1653/2005, Sale deed no: 1654/2005, Sale deed no: 1655/2005.

Advocates

Party Role
Plaintiff
Advocate Name
OJ Alfred
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
M S Unnikrishnan
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Denny Joseph
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
Aleena Maria Jose
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
Ardra Krishnan M
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
Diya Merin Biju
Appearance Type
Assisting Counsel

Reliefs

Relief Type: Permanent Injunction
Outcome: Refused
Description:
Plaintiffs sought a permanent prohibitory injunction restraining the defendants from trespassing into the C schedule pathway.
Evidence:
Therefore plaintiff cannot claim a suit for injunction especially when the right of way over the property was given to the other parties and plaintiff has no exclusive possession over plaint C schedule pathway.
Relief Type: Recovery
Outcome: Refused
Description:
Plaintiffs denied defendants' counter claim for recovery of expenses amounting to Rs. 50,000/- for unnecessary litigation.
Evidence:
Therefore, collecting supporting documents is a consequential outcome only.

Documents & Evidence

Document Type: Gift Deed
Submitted By: Plaintiff
Relevance:
Certified copy of Gift deed no: 1831/1989 of Mulanthuruthy SRO
Reference:
Ext.A1
Document Type: Sale deed
Submitted By: Plaintiff
Relevance:
Certified copy of Sale deed no: 2735/2001 of Mulanthuruthy SRO
Reference:
Ext.A2
Document Type: Settlement Deed
Submitted By: Plaintiff
Relevance:
Certified copy of Settlement no: 2556/1995 of Mulanthuruthy SRO
Reference:
Ext.A3
Document Type: Sale deed
Submitted By: Plaintiff
Relevance:
Certified copy of Sale deed no: 2023/2021 of Mulanthuruthy SRO
Reference:
Ext.A4
Document Type: Sale deed
Submitted By: Defendant
Relevance:
Certified copy of Sale deed no: 1656/2005 of SRO Mulanthuruthy
Reference:
Ext.B1
Document Type: Sale deed
Submitted By: Defendant
Relevance:
Certified copy of Sale deed no: 1653/2005 of SRO Mulanthuruthy
Reference:
Ext.B2
Document Type: Sale deed
Submitted By: Defendant
Relevance:
Certified copy of Sale deed no: 1654/2005 of SRO Mulanthuruthy
Reference:
Ext.B3
Document Type: Sale deed
Submitted By: Defendant
Relevance:
Certified copy of Sale deed no: 1655/2005 of SRO Mulanthuruthy
Reference:
Ext.B4
Document Type: Sale deed
Submitted By: Defendant
Relevance:
Certified copy of Sale deed no: 794/2007 of SRO Mulanthuruthy
Reference:
Ext.B5
Document Type: Thandaper Register
Submitted By: Defendant
Relevance:
Relevant page of Thandaper Register in Re Survey no: 151/2020 of Village Office Kanayannur Group
Reference:
Ext.B6
Document Type: Settlement Deed
Submitted By: Defendant
Relevance:
Certified copy of Settlement deed no: 3065/2008 of SRO Mulamthuruthy
Reference:
Ext.B7
Document Type: Sale deed
Submitted By: Defendant
Relevance:
Certified copy of Sale deed no: 1560/1982 of SRO Mulamthuruthy
Reference:
Ext.B8
Document Type: Encumbrance certificate
Submitted By: Defendant
Relevance:
Encumbrance certificate issued by SRO Mulanthuruthy
Reference:
Ext.B9
Document Type: KDIS Document
Submitted By: Defendant
Relevance:
08.08.2003 KDIS No: 3074/03/82, issued by Additional Tahasildar Kanayannur Taluk
Reference:
Ext.B10
Document Type: Photograph
Submitted By: Defendant
Relevance:
Photograph
Reference:
Ext.B11(a)
Document Type: Photograph
Submitted By: Defendant
Relevance:
Photograph
Reference:
Ext.B11(b)
Document Type: Photograph
Submitted By: Defendant
Relevance:
Photograph
Reference:
Ext.B11(c)
Document Type: Photograph
Submitted By: Defendant
Relevance:
Photograph
Reference:
Ext.B11(d)
Document Type: Commission Report
Submitted By: Court
Relevance:
14.09.2020 Commission report in IA 2/2020
Reference:
Ext.C1
Document Type: Rough Sketch
Submitted By: Court
Relevance:
Rough Sketch
Reference:
Ext.C1(a)
Document Type: Oral Evidence
Submitted By: Oral evidence
Relevance:
Testimony provided by the witnesses PW1, PW2 for plaintiffs and DW1 for defendants.
Reference:

Case Classification

Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between Thomas et al vs Anil Kumar et al regarding permanent prohibitory injunction.
Case Code Year
Case between Thomas et al vs Anil Kumar et al regarding permanent prohibitory injunction.

Quick Facts

Location
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Case Closed
From
Mon, 12/01/2025 - 12:00
To
Wed, 12/31/2025 - 12:00
Outcome Confidence
75%

Involved Entities

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