Case Summary
Ida alias Ida Kalist is the plaintiff who seeks a permanent prohibitory injunction against Brijit, the defendant, regarding the usage of a pathway. The plaintiff claims to have uninterrupted possession of the pathway for the last 50 years.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction preventing the defendant from trespassing or blocking the pathway.
Case Type
Civil Suit
Final Judgment
No
The court found in favor of the plaintiff, granting the permanent prohibitory injunction against the defendant to prevent any trespassing or blockage of the pathway. The plaintiff is also awarded costs of the suit.
Why Plaintiff Won:
The plaintiff proved uninterrupted and exclusive possession of the pathway for over 50 years.
The plaintiff proved uninterrupted and exclusive possession of the pathway for over 50 years.
Losing Side's Weaknesses:
The plaintiff proved uninterrupted and exclusive possession of the pathway for over 50 years.
The plaintiff proved uninterrupted and exclusive possession of the pathway for over 50 years.
Supporting Evidence
The evidence of plaintiff remains unchallenged. There is no reason to disbelieve PW1. Their is no contra evidence on record. From the available evidence, the plaintiff is entitled for a decree of permanent prohibitory injunction restraining the defendants from trespassing into the plaint C schedule pathway or blocking the C schedule pathway.
Judgment Evidence:
The suit is decreed as follows: (i) The defendants are restrained from trespassing into the plaint C schedule pathway or blocking the C schedule pathway or harass the peaceful possession and enjoyment of the plaintiff over the plaint C schedule pathway or demolishing the existing western boundary of C schedule pathway or committing any waste in the plaint C schedule pathway. (ii) Considering the facts and circumstances, the plaintiff is entitled to realise costs of the suit from the defendant.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Ida alias Ida Kalist
- Party Age
- 55
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Brijit
- Party Age
- 64
- Relation
- W/o
Plaintiffs Documents
Copy of Kudikidappu Application, Certified copy of Certificate from Village Office, Pettah, Copy of Electricity Bill, Rough Sketch, Copy of Aadhar card, Copy of Ration card
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. P.Francis Gomez
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
The defendants are restrained from trespassing into the plaint C schedule pathway or blocking the pathway.
Evidence:
The suit is decreed as follows: (i) The defendants are restrained from trespassing into the plaint C schedule pathway or blocking the C schedule pathway or harass the peaceful possession and enjoyment of the plaintiff over the plaint C schedule pathway.
Documents & Evidence
Document Type:
Kudikidappu Application
Submitted By:
Plaintiff
Relevance:
This document was submitted to demonstrate the plaintiff's application for kudikidappu rights over the plaint A schedule property.
Reference:
Ext.A1
Document Type:
Certificate from Village Office
Submitted By:
Plaintiff
Relevance:
This certified copy supports the plaintiff's claims regarding possession.
Reference:
Ext.A2
Document Type:
Electricity Bill
Submitted By:
Plaintiff
Relevance:
This document is used to establish the plaintiff's residence and utility usage.
Reference:
Ext.A3
Document Type:
Rough Sketch
Submitted By:
Plaintiff
Relevance:
This sketch illustrates the layout of the plaint A schedule property and the pathway.
Reference:
Ext.A4
Document Type:
Aadhar Card
Submitted By:
Plaintiff
Relevance:
This document verifies the identity of the plaintiff.
Reference:
Ext.A5
Document Type:
Ration Card
Submitted By:
Plaintiff
Relevance:
This document further establishes the plaintiff's identity and residency.
Reference:
Ext.A6
Document Type:
Commission Report
Submitted By:
Court
Relevance:
This report describes the condition and access of the plaint C schedule pathway.
Reference:
Ext.C1
Document Type:
Mahazar
Submitted By:
Court
Relevance:
This document supplements the commission report with additional details.
Reference:
Ext.C1(a)
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Case Code
Case between Ida alias Ida Kalist vs Brijit regarding permanent prohibitory injunction
Case Code Year
Case between Ida alias Ida Kalist vs Brijit regarding permanent prohibitory injunction