Case Summary
Padmakumar, the plaintiff, is involved in a suit against R. Biju and Jayachandran Nair regarding the right to use a pathway that provides access to his properties. The plaintiff claims that the defendants attempted to obstruct him from accessing this pathway.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff's right of usage of plaint C schedule pathway, injunction against defendants from trespassing.
Case Type
Civil Suit
Final Judgment
No
The court decreed that Padmakumar has the right to use the pathway for access to his properties and restrained the defendants from obstructing this access.
Why Plaintiff Won:
Losing Side's Weaknesses:
Supporting Evidence
The evidence of plaintiff remains unchallenged. There is no reason to disbelieve PW1. There is no contra evidence on record.
Judgment Evidence:
In the result, The suit is decreed as follows: (i) It is declared that the plaintiff has right of usage of plaint C schedule pathway for ingress and egress to plaint A and B schedule properties. (ii) The defendant is restrained by a decree of injunction from trespassing into the plaint A or B schedule properties or obstructing the passage through plaint C schedule pathway. (iii) The plaintiff is allowed to realise the cost of the suit from the defendant.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Padmakumar
- Party Age
- 55
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- R. Biju
- Party Age
- 50
- Party Role
- Defendant
- Party Name
- Jayachandran Nair
Plaintiffs Documents
Certified copy of sale deed No.732/2008, Certified copy of sale deed No.1533/2008, Tax receipt
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.S. Suresh Babu
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Declaration
Outcome:
Granted
Description:
It is declared that the plaintiff has right of usage of plaint C schedule pathway for ingress and egress to plaint A and B schedule properties.
Evidence:
In the result, The suit is decreed as follows: (i) It is declared that the plaintiff has right of usage of plaint C schedule pathway for ingress and egress to plaint A and B schedule properties.
Relief Type:
Injunction
Outcome:
Granted
Description:
The defendant is restrained by a decree of injunction from trespassing into the plaint A or B schedule properties or obstructing the passage through plaint C schedule pathway.
Evidence:
In the result, The suit is decreed as follows: (ii) The defendant is restrained by a decree of injunction from trespassing into the plaint A or B schedule properties or obstructing the passage through plaint C schedule pathway.
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is allowed to realise the cost of the suit from the defendant.
Evidence:
In the result, The suit is decreed as follows: (iii) The plaintiff is allowed to realise the cost of the suit from the defendant.
Documents & Evidence
Document Type:
Certified copy of Sale Deed
Submitted By:
Plaintiff
Relevance:
This document establishes the plaintiff's ownership of the plaint A schedule property.
Reference:
Ext.A1
Document Type:
Certified copy of Sale Deed
Submitted By:
Plaintiff
Relevance:
This document establishes the plaintiff's ownership of the plaint B schedule property.
Reference:
Ext.A2
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
This document serves as evidence of the plaintiff's ownership and possession of the plaint A schedule property.
Reference:
Ext.A3
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 Padmakumar vs R. Biju et al regarding declaration and injunction
Case Code Year
Case between Padmakumar vs R. Biju et al regarding declaration and injunction