Case Summary
The plaintiff, Valsala B Menon, is seeking a permanent prohibitory injunction against the defendants to prevent them from encroaching on a motorable road essential for access to her property. The case involves issues regarding property ownership and usage rights.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction against the defendants regarding the use of the Plaint B schedule road.
Case Type
Civil Suit
Final Judgment
No
The court granted a permanent prohibitory injunction restraining the defendants from constructing any compound wall or encroaching on the plaintiffs' road. The plaintiff was also awarded costs from the defendants.
Why Plaintiff Won:
The evidence of the plaintiff was unchallenged and supported by documentary evidence.
The evidence of the plaintiff was unchallenged and supported by documentary evidence.
Losing Side's Weaknesses:
The evidence of the plaintiff was unchallenged and supported by documentary evidence.
The evidence of the plaintiff was unchallenged and supported by documentary evidence.
Supporting Evidence
The evidence of PW1 remains unchallenged. There is no reason on record to disbelieve the evidence tendered by PW1. The case advanced by the plaintiff stands proved by the evidence of PW1 and the documents marked on her side.
Judgment Evidence:
In the result, the suit is decreed as follows: the defendants 1, 2, and 4 to 8, their men or agents are restrained by a decree of permanent prohibitory injunction from constructing compound wall or making any manner of construction or any other act encroaching to any portion of the plaint B schedule road or to reduce its width; or causing any interference or obstruction to the plaintiff's uninterrupted use of the plaint B schedule road including vehicular access for ingress and egress of plaint A schedule property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Valsala B Menon
- Party Age
- 73
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Mr. Binu A.P
- Party Age
- 45
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Smt. Sarojini A.P
- Party Age
- 65
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Corporation of Kochi
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Smt. Baby
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Shini
- Relation
- W/o
Plaintiffs Documents
Certified copy of the Partition Deed No. 2302/1951, Certified copy of the Sale Deed No. 2020/1966, Copy of the Order issued by Kochi Municipal Corporation, Edappally, Copy of the Stop Memo issued by Corporation of Cochin, Certified copy of FIR No. 0748, Certified copy of Judgment in C.C No. 1770/2015, Certified copy of Sale Deed No. 2246/2013, Agreement of right of way, Certified copy of Sale Deed No. 2170/2013, Certified copy of deposition in C.C 1770/2015
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- N. M Mohamed Ayub
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- P. V Shamsuddin
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- M. S Unnikrishnan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Ardra Krishnan M
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Aleena Maria Jose
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Shoban George
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
The defendants are restrained from constructing a compound wall or interfering with the plaintiff's use of the B schedule road.
Evidence:
The defendants 1, 2, and 4 to 8, their men or agents are restrained by a decree of permanent prohibitory injunction from constructing compound wall or making any manner of construction or any other act encroaching to any portion of the plaint B schedule road or to reduce its width.
Relief Type:
Costs
Outcome:
Granted
Description:
The plaintiff is entitled to the costs of the suit from the defendants.
Evidence:
The plaintiff is entitled to the costs of the suit from the defendants 1, 2, and 4 to 8.
Documents & Evidence
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
This document establishes the plaintiff's ownership and the agreed pathway from the partition deed.
Reference:
Ext.A1
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
This deed supports the claim regarding the extension of the pathway up to the public road.
Reference:
Ext.A2
Document Type:
Order issued by Kochi Municipal Corporation
Submitted By:
Plaintiff
Relevance:
This document provides evidence of the municipality's acknowledgement of the pathway's status.
Reference:
Ext.A3
Document Type:
Stop Memo
Submitted By:
Plaintiff
Relevance:
This memo is related to the prohibition of construction activities that may affect the pathway.
Reference:
Ext.A4
Document Type:
FIR
Submitted By:
Plaintiff
Relevance:
This FIR supports the plaintiff's claims regarding disturbances by the defendants.
Reference:
Ext.A5
Document Type:
Judgment
Submitted By:
Plaintiff
Relevance:
This judgment provides context regarding prior legal proceedings relevant to the case.
Reference:
Ext.A6
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
This deed further supports the ownership claims of the plaintiff.
Reference:
Ext.A7
Document Type:
Agreement of right of way
Submitted By:
Plaintiff
Relevance:
This agreement establishes the plaintiff's rights concerning the pathway.
Reference:
Ext.A8
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
This deed aids in validating the claims about the pathway and usage.
Reference:
Ext.A9
Document Type:
Deposition
Submitted By:
Plaintiff
Relevance:
This deposition is relevant to the legal context surrounding the case.
Reference:
Ext.A10
Document Type:
Commission Report
Submitted By:
Court
Relevance:
This report is a court's assessment of the property and its usage.
Reference:
Ext.C1
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Unauthorized occupation
Case Code
Case between Valsala B Menon vs Binu A.P et al regarding permanent prohibitory injunction and consequential reliefs.
Case Code Year
Case between Valsala B Menon vs Binu A.P et al regarding permanent prohibitory injunction and consequential reliefs.