Case Summary
The plaintiff, Angadi Veettil Padmini, is seeking to restrain the defendants from obstructing a pathway to her property. The defendants are relatives of the plaintiff, and the case revolves around the ownership and use of the pathway.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants are restrained from demolishing the plaint D schedule pathway and are ordered to allow access to the plaintiff.
Case Type
Civil Suit
Final Judgment
No
The court restrained the defendants from demolishing and obstructing the pathway to the plaintiff's property. The plaintiff is also entitled to costs.
Why Plaintiff Won:
The evidence presented by the plaintiff regarding ownership and rights over the pathway was unchallenged.
The evidence presented by the plaintiff regarding ownership and rights over the pathway was unchallenged.
Losing Side's Weaknesses:
The evidence presented by the plaintiff regarding ownership and rights over the pathway was unchallenged.
The evidence presented by the plaintiff regarding ownership and rights over the pathway was unchallenged.
Supporting Evidence
The evidence put forth by the plaintiff remains unchallenged. Therefore I find that the defendants shall be restrained from demolishing the plaint D schedule pathway.
Judgment Evidence:
In the result, Defendants are restrained from demolishing the plaint D schedule, two wheeler motorable pathway to the plaint schedule and from obstructing the plaintiff from using the plaint D schedule pathway in width 1.2 m, length 43 m as per Ext.C2(a) plan for ingress and egress to the plaint A schedule.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Angadi Veettil Padmini
- Party Age
- 60
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Angadi Veettil Vasudevan
- Party Age
- 55
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Rajani
- Party Age
- 45
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Soorajlal
- Party Age
- 24
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Angadi Veettil Pradeep
- Party Age
- 45
- Relation
- S/o
Plaintiffs Documents
Photocopy of Document No. 18 of 1965 of Feroke SRO, Certified copy of Deed No. 108/1989 of SRO, Feroke, Land Tax Receipt, Plan and Permit issued by Grama Panchayath, Kadalundi.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Unnikrishnan Puthalath
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. Shaji. M.V
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- N.K. Viswanathan
- Appearance Type
- Case between Angadi Veettil Padmini vs Angadi Veettil Vasudevan et al regarding permanent prohibitory injunction. > Case advocates
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Defendants restrained from demolishing plaint D schedule pathway and obstructing plaintiff's access.
Evidence:
Therefore I find that the defendants shall be restrained from demolishing the plaint D schedule, two wheeler motorable pathway and from obstructing the plaintiffs from using the plaint D schedule pathway for ingress and egress to the plaint A schedule.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff entitled to costs of the suit.
Evidence:
The plaintiff is also entitled to get the costs also.
Documents & Evidence
Document Type:
Photocopy of Document No. 18 of 1965 of Feroke SRO
Submitted By:
Plaintiff
Relevance:
Shows ownership of plaint A schedule property.
Reference:
Ext.A1
Document Type:
Certified copy of Deed No. 108/1989 of SRO, Feroke
Submitted By:
Plaintiff
Relevance:
Confirms acquisition of plaint A schedule property by the plaintiff.
Reference:
Ext.A2
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Demonstrates payment of land tax for plaint A schedule.
Reference:
Ext.A3
Document Type:
Plan and Permit issued by Grama Panchayath, Kadalundi
Submitted By:
Plaintiff
Relevance:
Supports the legitimacy of the construction on plaint A schedule.
Reference:
Ext.A4
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Reports on the absence of alternative pathways to plaint A schedule.
Reference:
Ext.C1
Document Type:
Sketch filed along with Commission Report
Submitted By:
Court
Relevance:
Illustrates the pathway to plaint A schedule.
Reference:
Ext.C1(a)
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Further verifies the existing pathway to plaint A schedule.
Reference:
Ext.C2
Document Type:
Sketch filed along with Commission Report
Submitted By:
Court
Relevance:
Depicts the dimensions of the pathway to plaint A schedule.
Reference:
Ext.C2(a)
Case Classification
Case Type
Civil Suit
Category
Injunction and Access Rights
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Right of way obstruction
Case Code
Case between Angadi Veettil Padmini vs Angadi Veettil Vasudevan et al regarding permanent prohibitory injunction.
Case Code Year
Case between Angadi Veettil Padmini vs Angadi Veettil Vasudevan et al regarding permanent prohibitory injunction.