Case Summary
This case involves a dispute over a pathway claimed by the plaintiff, Ouseph @ Santhosh, against the defendant, Stella Victo. The plaintiff alleges obstruction by the defendant, which has led to this suit for permanent prohibitory injunction.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction restraining the counter claim defendants from encroaching into the counter claim B schedule pathway.
Case Type
Counter Claim
Final Judgment
No
The court declared that the pathway claimed by the plaintiff is part of the counter claim schedule property. A permanent prohibitory injunction was granted to prevent the defendants from obstructing the plaintiff's right of access.
Why Plaintiff Won:
The evidence presented showed that the pathway claimed by the plaintiff is indeed part of the counter claim schedule property.
The evidence presented showed that the pathway claimed by the plaintiff is indeed part of the counter claim schedule property.
Losing Side's Weaknesses:
The evidence presented showed that the pathway claimed by the plaintiff is indeed part of the counter claim schedule property.
The evidence presented showed that the pathway claimed by the plaintiff is indeed part of the counter claim schedule property.
Supporting Evidence
Upon considering the oral and documentary evidence adduced by the counter claim plaintiff, it is quite evident that the counter claim plaintiff got title and possession over the counter claim schedule property by virtue of Ext.B1.
Judgment Evidence:
In the result, the counter claim is decreed as follows: It is declared that the plaint B schedule pathway forms part of the counter claim schedule property over which the defendants got absolute title and possession by virtue of the Settlement deed No.291/2006.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Ouseph @ Santhosh
- Party Age
- 38
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Lilly kutty
- Party Age
- 36
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Stella Victo
- Party Age
- 38
- Relation
- D/o
Plaintiffs Documents
Certified copy of Settlement Deed No. 291/2006, Original Tax Receipt, Original Release Deed No. 3313/2005 of Tvpm SRO, Original Agreement.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. S.Williams
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri.V.Francis
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Restraining the counter claim defendants from encroaching into the counter claim B schedule pathway.
Evidence:
Permanent prohibitory injunction is granted restraining the counter claim defendants from encroaching into the counter claim B schedule pathway so as to alter its lie and position and from causing any form of obstruction to the counter claim plaintiff’s beneficial enjoyment of the B schedule pathway.
Relief Type:
Declaration
Outcome:
Granted
Description:
Declaring that the plaint B schedule pathway forms part of the counter claim schedule property.
Evidence:
It is declared that the plaint B schedule pathway forms part of the counter claim schedule property over which the defendants got absolute title and possession by virtue of the Settlement deed No.291/2006.
Relief Type:
Other
Outcome:
Granted
Description:
Entitlement to realise costs from the counter claim defendants.
Evidence:
Considering the facts and circumstances of the case, the counter claim plaintiff is entitled to realise the costs from the counter claim defendants and their assets.
Documents & Evidence
Document Type:
Settlement Deed
Submitted By:
Defendant
Relevance:
Proves the counter claim defendant's title and possession over the counter claim schedule property.
Reference:
Ext.B1
Document Type:
Tax receipt
Submitted By:
Defendant
Relevance:
Supports the counter claim plaintiff's case.
Reference:
Ext.B2
Document Type:
Release deed
Submitted By:
Defendant
Relevance:
Part of the evidence supporting the counter claim.
Reference:
Ext.B3
Document Type:
Agreement
Submitted By:
Defendant
Relevance:
Part of the evidence supporting the counter claim.
Reference:
Ext.B4
Document Type:
Agreement
Submitted By:
Defendant
Relevance:
Part of the evidence supporting the counter claim.
Reference:
Ext.B5
Document Type:
Agreement
Submitted By:
Defendant
Relevance:
Part of the evidence supporting the counter claim.
Reference:
Ext.B6
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Provides findings of the advocate commissioner regarding the pathway.
Reference:
Ext.C1
Document Type:
Survey Plan
Submitted By:
Court
Relevance:
Visual representation of the property layout as assessed by the advocate commissioner.
Reference:
Ext.C1(a)
Case Classification
Case Type
Counter Claim
Category
Other Civil Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Case Code
Case between Ouseph @ Santhosh et al vs Stella Victo regarding permanent prohibitory injunction
Case Code Year
Case between Ouseph @ Santhosh et al vs Stella Victo regarding permanent prohibitory injunction