Case Summary
This case involves a dispute between the plaintiffs, Jerro Pereira and Shyja Jerro, and the defendants, Velayudhan Nair and Indira Devi, regarding the use of a pathway and related properties. The plaintiffs claimed obstruction by the defendants over their access pathway and filed for an injunction.
Judgment Outcome
Judgment Favored
Partial
Relief Granted
Permanent prohibitory injunction against the defendants from blocking plaint B schedule pathway.
Case Type
Civil Suit
Final Judgment
No
The court issued a mixed judgment in which the plaintiffs were granted a permanent prohibitory injunction against the defendants regarding the use of the pathway and the defendants' counter claim was allowed to an extent, restraining the plaintiffs from blocking the pathway as well.
Key Reasoning:
Plaintiffs entitled to use plaint B schedule pathway.
Plaintiffs entitled to use plaint B schedule pathway.
Losing Side's Weaknesses:
Plaintiffs entitled to use plaint B schedule pathway.
Plaintiffs entitled to use plaint B schedule pathway.
Supporting Evidence
The plaintiffs have obtained exclusive right of way through plaint B schedule property by virtue of Ext.A1 deed.
Judgment Evidence:
The suit is decreed in part and counter claim decreed as follows: 1) The defendants are restrained from committing any waste or mischief on plaint B schedule pathway, from blocking the plaint B schedule pathway and from disturbing or obstructing the enjoyment of plaint A and B schedule properties by the plaintiffs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Jerro Pereira
- Party Age
- 66
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Shyja Jerro
- Party Age
- 53
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Velayudhan Nair
- Party Age
- 70
- Party Role
- Defendant
- Party Name
- Indira Devi
- Party Age
- 68
- Relation
- W/o
Plaintiffs Documents
Certified copy of sale deed No.1679/2000, Tax receipts dated 24/07/2017 and 15/08/2018.
Defendants Documents
Certified copy of settlement deed B1, Certified copy of sale deed No.3031/1990.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. V.K.Hari Kumar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. V.Bahuleyan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Plaintiffs sought to restrain the defendants from causing obstruction to the plaint B schedule pathway.
Evidence:
The plaintiffs are entitled for a decree of permanent prohibitory injunction to the extent of restraining the defendants from committing any waste or mischief on plaint B schedule pathway.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Defendants sought to restrain plaintiffs from blocking the counter claim schedule property.
Evidence:
The counter claim is allowed and the plaintiffs are restrained from blocking the counter claim schedule property by installing gate and lock on it.
Relief Type:
Other
Outcome:
Not Decided
Description:
Costs where each party bears their own.
Evidence:
Considering the nature of suit and relief sought for, both parties shall bear their respective costs.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
The plaintiffs purchased plaint A schedule property as per this deed.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Tax receipts relevant to the plaint A schedule property.
Reference:
Ext.A2
Document Type:
Settlement Deed
Submitted By:
Defendant
Relevance:
The deed which established the property rights of the defendants.
Reference:
Ext.B1
Document Type:
Sale deed
Submitted By:
Defendant
Relevance:
The deed for property purchased by the second defendant.
Reference:
Ext.B2
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Report on the status and nature of the properties involved.
Reference:
Ext.C1
Document Type:
Rough Sketch
Submitted By:
Court
Relevance:
Sketch accompanying the commission report detailing the properties.
Reference:
Ext.C1(a)
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Unauthorized occupation
Case Code
Case between Jerro Pereira et al vs Velayudhan Nair et al regarding injunction and counter claim.
Case Code Year
Case between Jerro Pereira et al vs Velayudhan Nair et al regarding injunction and counter claim.