Case Summary
The plaintiffs, K. Prathap kumar and Jesmi, are seeking protection against the defendant, Sheela, who is attempting to encroach upon a public path used by the plaintiffs. The defendant has been set ex parte as she did not respond to the summons.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction against the defendant.
Case Type
Civil Suit
Final Judgment
No
The court has decreed that the defendant is permanently restrained from interfering with the plaintiffs' enjoyment of the public pathway.
Why Plaintiff Won:
The plaintiffs sufficiently proved their ownership and possession of the pathway.
The plaintiffs sufficiently proved their ownership and possession of the pathway.
Losing Side's Weaknesses:
The plaintiffs sufficiently proved their ownership and possession of the pathway.
The plaintiffs sufficiently proved their ownership and possession of the pathway.
Supporting Evidence
The evidence of plaintiff remains unchallenged. There is no reason to disbelieve PW1. Their is no contra evidence on record.
Judgment Evidence:
The suit is decreed as follows: (i) The defendant is restrained by way of a decree of permanent prohibitory injunction from closing down the C schedule pathway or from altering the structure or from interfering the peaceful enjoyment of the plaintiff over the plaint C schedule pathway.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- K. Prathap kumar
- Party Age
- 60
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Jesmi
- Party Age
- 33
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Sheela
- Party Age
- 50
- Relation
- D/o
Plaintiffs Documents
Settlement deed No.2219/1992, Tax receipt dated 14/03/2022, Partition deed No.756/2010, Tax receipt dated 24/11/2022, Commission report and rough sketch.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. V.P.Vipin Kumar
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. G. Govind Krishnan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
The defendant is restrained from closing down or altering the plaint C schedule pathway.
Evidence:
The suit is decreed as follows: (i) The defendant is restrained by way of a decree of permanent prohibitory injunction from closing down the C schedule pathway or from altering the structure or from interfering the peaceful enjoyment of the plaintiff over the plaint C schedule pathway.
Documents & Evidence
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Proves the ownership of the plaintiff over the plaint A schedule property.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Supports the claim of the plaintiffs regarding their property.
Reference:
Ext.A2
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
Proves the ownership of the second plaintiff over the plaint B schedule property.
Reference:
Ext.A3
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Further supports the ownership claim of the plaintiffs.
Reference:
Ext.A4
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Provides evidence regarding the status of the plaint C schedule property.
Reference:
Ext.C1
Document Type:
Rough Sketch
Submitted By:
Court
Relevance:
Illustrates the layout and boundaries relevant to the dispute.
Reference:
Ext.C1(a)
Case Classification
Case Type
Civil Suit
Category
Injunction and Access Rights
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Case Code
Case between K. Prathap kumar et al vs Sheela regarding permanent prohibitory injunction
Case Code Year
Case between K. Prathap kumar et al vs Sheela regarding permanent prohibitory injunction