Case Summary
The plaintiff, Sainabakunju, seeks a permanent prohibitory injunction against the defendant, Radhamani, who is allegedly obstructing the use of a pathway crucial for access to the public road. The case involves evidence of ownership and obstruction related to the pathway.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
A permanent prohibitory injunction is granted in favor of the plaintiff
Case Type
Civil Suit
Final Judgment
No
The court granted a permanent prohibitory injunction in favor of the plaintiff against the defendant, restricting the defendant from obstructing the plaintiff's use of the pathway.
Why Plaintiff Won:
The court found genuineness in the cause of action pleaded in the plaint and established the existence of the pathway.
The court found genuineness in the cause of action pleaded in the plaint and established the existence of the pathway.
Losing Side's Weaknesses:
The court found genuineness in the cause of action pleaded in the plaint and established the existence of the pathway.
The court found genuineness in the cause of action pleaded in the plaint and established the existence of the pathway.
Supporting Evidence
Possession of plaint A schedule property is proved by the plaintiff through oral and documentary evidence. The existence of plaint B schedule pathway is also brought out.
Judgment Evidence:
In the result, the suit is decreed as follows: 1.A permanent prohibitory injunction is granted in favour of the plaintiff and the defendant is restrained from obstructing the use of plaint B schedule pathway by the plaintiff.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sainabakunju
- Party Age
- 63
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Radhamani
- Party Age
- 62
- Relation
- D/o
Plaintiffs Documents
Certified copy of Sale deed No. 4407/1996 of S.R.O., Varkala, Tax receipt No. 0090027 of Cherunniyoor Village Office.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Thattathumala S. Anilkumar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. S. V. Shinu
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
A permanent prohibitory injunction is granted in favour of the plaintiff restraining the defendant from obstructing the use of plaint B schedule pathway.
Evidence:
In the result, the suit is decreed as follows: 1.A permanent prohibitory injunction is granted in favour of the plaintiff and the defendant is restrained from obstructing the use of plaint B schedule pathway by the plaintiff.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
This sale deed evidences the plaintiff's ownership of the property in question.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
This tax receipt corroborates the plaintiff's claim of ownership and possession of the property.
Reference:
Ext.A2
Document Type:
Commission Report
Submitted By:
Court
Relevance:
The report indicates the existence of the plaint B schedule pathway that the defendant obstructed.
Reference:
Ext.C1
Document Type:
Sketch
Submitted By:
Court
Relevance:
This sketch visually represented the location of the plaint B schedule pathway.
Reference:
Ext.C1(a)
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiffs Court, Varkala
Common Reasons
Obstruction of pathway
Case Code
Case between Sainabakunju vs Radhamani regarding permanent prohibitory injunction
Case Code Year
Case between Sainabakunju vs Radhamani regarding permanent prohibitory injunction