Case Summary
The plaintiffs, led by G. Sudhakaran Nair, filed an application for an injunction to prevent the defendants from obstructing the use of a pathway leading to their properties. The defendants argue that the construction on their property is lawful and does not encroach upon the pathway.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Restrained the respondents from obstructing the peaceful passage of motorable two wheeler vehicles through the E schedule motorable pathway.
Case Type
Injunction
Final Judgment
No
The court allowed the application in part, restraining the defendants from obstructing the peaceful passage of vehicles through the E schedule pathway.
Why Plaintiff Won:
The petitioners have established a prima facie case regarding the existence of the pathway used for ingress and egress to the plaint schedule properties.
The petitioners have established a prima facie case regarding the existence of the pathway used for ingress and egress to the plaint schedule properties.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The specific contention raised by petitioner herein is that the respondent carrying out construction in their property which would cause damage to the compound wall separating with plaint E schedule pathway and thereby cause obstruction to the use of plaint E schedule pathway by the petitioners.
Judgment Evidence:
In the result this application is allowed in part as follows: The respondent is restrained from obstructing the peaceful passage of motorable two wheeler vehicles through the E schedule motorable pathway or making any permanent or temporary construction encroaching E schedule way.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- G. Sudhakaran Nair
- Party Age
- 69
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Shylaja
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Ramachandran. G.R @ Chandran. G.R
- Party Age
- 64
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Sathy.S
- Party Age
- 62
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Santhoshkumar
- Party Age
- 45
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Athira
- Party Age
- 36
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Midun
- Party Age
- 31
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sunitha kumari
- Party Age
- 55
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Santhi
- Party Age
- 56
- Relation
- W/o
Plaintiffs Documents
Settlement deed No. 355/1989, Tax receipt dated 11/08/2021, Partition deed No.2987/1999, Sale deed No.2988/1999, Sale deed No.1681/1996, Tax receipt dated 16/05/2025, Sale deed No.256/2020, Tax receipts.
Defendants Documents
Copy of building permit, Copy of Approved plan, The Photographs of E Schedule Pathway.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. B. Vijayakumar
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. N.R. Harikrishnan
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. K.S. Asok
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Soumya. S. Raj
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Partly Granted
Description:
Request to restrain the defendants from obstructing the plaintiffs' use of the E schedule pathway.
Evidence:
The present application is allowed restraining the respondents from obstructing the peaceful passage of motorable two wheeler vehicles through the E schedule motorable pathway or making any permanent or temporary construction encroaching E schedule way.
Documents & Evidence
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
The original settlement deed under which the first plaintiff obtained the A schedule property.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Tax receipt dated 11/08/2021 pertaining to the A schedule property.
Reference:
Ext.A2
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Tax receipt dated 08/07/2025 pertaining to the B schedule property.
Reference:
Ext.A3
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Copy of sale deed regarding the C schedule property.
Reference:
Ext.A4
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Tax receipt dated 16/05/2025 pertaining to the C schedule property.
Reference:
Ext.A5
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Copy of sale deed regarding the D schedule property.
Reference:
Ext.A6
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Tax receipt dated 08/07/2025 pertaining to the D schedule property.
Reference:
Ext.A7
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Copy of sale deed regarding the E schedule pathway.
Reference:
Ext.A8
Document Type:
Building Permit
Submitted By:
Defendant
Relevance:
Copy of the valid building permit obtained by the defendants.
Reference:
Ext.B1
Document Type:
Approved Plan
Submitted By:
Defendant
Relevance:
Copy of the approved building plan for the construction carried out by the defendants.
Reference:
Ext.B2
Document Type:
Photographs
Submitted By:
Defendant
Relevance:
Photographs depicting the E schedule pathway.
Reference:
Ext.B3
Document Type:
Commissioner's Report
Submitted By:
Court
Relevance:
Report filed by the advocate commissioner regarding the properties and construction.
Reference:
Ext.C1
Case Classification
Case Type
Injunction
Category
Other Civil Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Case Code
Case between G. Sudhakaran Nair et al vs Midun et al regarding injunction and other reliefs
Case Code Year
Case between G. Sudhakaran Nair et al vs Midun et al regarding injunction and other reliefs