Case Summary
The plaintiff, Varghese Thomman, is seeking a permanent prohibitory injunction against the defendants, Nijin P. Chacko and others, to prevent obstruction of a road they allege to use. The defendants contend that their right to use the road was established through prior agreements and sales related to the property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction against the defendants restraining obstruction of the use of plaint schedule item No.2 road.
Case Type
Civil Suit
Final Judgment
No
The court grants a decree of permanent prohibitory injunction allowing the plaintiff to use the item No.2 road without obstruction from the defendants. The suit for declaration regarding item No.3 was dismissed due to lack of sufficient grounds.
Why Plaintiff Won:
The plaintiff has a right to use the item No.2 road as per the sale deed, and the defendants obstructed this use.
The plaintiff has a right to use the item No.2 road as per the sale deed, and the defendants obstructed this use.
Losing Side's Weaknesses:
The plaintiff has a right to use the item No.2 road as per the sale deed, and the defendants obstructed this use.
The plaintiff has a right to use the item No.2 road as per the sale deed, and the defendants obstructed this use.
Supporting Evidence
It is evident from the evidence of PW1 that defendants were using that portion of the property for their transportation since their purchase of property.
Judgment Evidence:
In the result, the suit is partly decreed as follows: 1 A decree of permanent prohibitory injunction is granted restraining the defendants from obstructing the use of plaint schedule item No.2 road by the plaintiff.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Varghese Thomman
- Party Age
- 59
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Nijin P. Chacko
- Party Age
- 32
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Chacko
- Party Age
- 59
- Relation
- Father of Nijin P. Chacko
- Party Role
- Defendant
- Party Name
- Johnykutty
- Party Age
- 55
Plaintiffs Documents
Certified copy of deed No. 2789/2005, Certified copy of Sale Deed No. 1186/14, Tax receipt No. 40812.
Defendants Documents
Certified copy of sale deed No. 981/14, Certified copy of sale deed No. 1091/2014, Certified copy of sale deed No. 2162/2014.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- George Kurian
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Soni Thomas
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Jincy Joseph
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Decree of permanent prohibitory injunction restraining the defendants from obstructing the use of plaint schedule item No.2 road by the plaintiff.
Evidence:
The suit is partly decreed as follows: A decree of permanent prohibitory injunction is granted restraining the defendants from obstructing the use of plaint schedule item No.2 road by the plaintiff.
Relief Type:
Declaration
Outcome:
Not Decided
Description:
Declaration that 1st defendant has no right to use item No.3 as a road or for vehicular traffic.
Evidence:
The plaintiff sought for declaration with respect to plaint schedule item No.3 property that 1st defendant has no right to use item No.3 as a road or for vehicular traffic.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of deed No. 2789/2005 of the S.R.O., Erumely establishing the title of the plaintiff over the property.
Reference:
Ext.A1
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Sale Deed No. 1186/14 of the S.R.O., Erumely establishing the plaintiff's right of use over the road.
Reference:
Ext.A2
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Tax receipt corresponding to the payment of property tax mentioned in Ext.A2.
Reference:
Ext.A3
Document Type:
Re-Survey Plan
Submitted By:
Plaintiff
Relevance:
Certified copy of re-survey plan in field No. 209 supporting the claim of the plaintiff.
Reference:
Ext.A4
Document Type:
Sale deed
Submitted By:
Defendant
Relevance:
Certified copy of sale deed No. 981/14 establishing rights of the first defendant.
Reference:
Ext.B1
Document Type:
Sale deed
Submitted By:
Defendant
Relevance:
Certified copy of sale deed No. 1091/2014 establishing rights of the second defendant.
Reference:
Ext.B2
Document Type:
Sale deed
Submitted By:
Defendant
Relevance:
Certified copy of sale deed No. 2162/2014 establishing rights of the first defendant.
Reference:
Ext.B3
Document Type:
Sale deed
Submitted By:
Defendant
Relevance:
Certified copy of sale deed No. 637/2017 establishing rights related to the property.
Reference:
Ext.B4
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report prepared by Commissioner Advocate Jose Cyriac related to the property.
Reference:
Ext.C1
Document Type:
Survey Plan
Submitted By:
Court
Relevance:
Survey plan prepared by Jose Thomas Rtd. Head Surveyor, Government of Kerala.
Reference:
Ext.C1(a)
Document Type:
Mahazar
Submitted By:
Court
Relevance:
Mahazar prepared by Commissioner Advocate Sijo Joseph.
Reference:
Ext.C2
Document Type:
Sketch
Submitted By:
Court
Relevance:
Sketch prepared by Commissioner Advocate Sijo Joseph.
Reference:
Ext.C2(a)
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Kanjirappally
Common Reasons
Case Code
O.S
Case Code Year
2019