Case Summary
The plaintiffs, Abdul Jaleel and others, are asserting their right of way through a pathway on the defendants' property. The defendants, Sugathan and Naveen S, dispute the width and existence of this pathway, claiming various agreements and historical alterations.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiffs are declared entitled to use and enjoy the plaint D schedule pathway and the defendants are restrained from obstructing that access.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The plaintiffs successfully proved their continuous and uninterrupted use of the pathway for over 20 years.
The plaintiffs successfully proved their continuous and uninterrupted use of the pathway for over 20 years.
Judgment Evidence:
In the result, the suit is decreed as follows. Plaintiffs are hereby declared to be entitled to use and enjoy plaint D schedule pathway for ingress and egress of Plaint A, B and C schedule properties.
Parties Involved
Plaintiffs
Abdul Jaleel (64 years years)
Periyamkunnath house, Near Indian Oil Petrol pump, Koonamthai, Edappally P.O, Pin – 682 024, Ernakulam
Ajmal Sheriff (39 years years)
Periyamkunnath House, Near Indian Oil Petrol pump, Koonamthai, Edapally P.O, Pin – 682 024, Ernkulam
Ashmina Ansar (36 years years)
Periyamkunnath house, Near Indian Oil petrol pump, Koonamthai, Edapally P.O, Pin – 682 024, Ernakulam
Defendants
Sugathan (71 years years)
Illikkat house, near Edappally railway station, Thrikkakkara north village, AIMS Ponekkara P.O, Pin – 682 041, Ernakulam
Naveen S (40 years years)
Illikkatt house, near Edappally railway station, Thrikkakkara north village, AIMS Ponekkara P.O, Pin – 682 041, Ernakulam
Reliefs
Relief Type:
Declaration
Outcome:
Granted
Description:
Plaintiffs are declared to be entitled to use and enjoy plaint D schedule pathway.
Evidence:
Plaintiffs are hereby declared to be entitled to use and enjoy plaint D schedule pathway for ingress and egress of Plaint A, B and C schedule properties.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Defendants are restrained from obstructing the plaintiffs' access to the D schedule pathway.
Evidence:
Defendants, their men and agents are hereby restrained by way of a permanent prohibitory injunction from causing any manner of obstruction or interfering with the peaceful user and enjoyment of Plaint D schedule property.
Relief Type:
Costs
Outcome:
Granted
Description:
Plaintiffs are entitled for the costs of the suit.
Evidence:
Plaintiffs are also entitled for the costs of the suit.
Documents & Evidence
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
Executed by Ashmina Ansar.
Reference:
Ext.A1
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
Executed by Ajmal Sheriff.
Reference:
Ext.A2
Document Type:
Gift Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of the Gift deed no. 822/57 of Edapally SRO.
Reference:
Ext.A3
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of partition deed no. 6225/93 of Edapally SRO.
Reference:
Ext.A4
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Issued by Thrikkakkara North village in favour of Ashmina Ansar.
Reference:
Ext.A5
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of the partition deed no. 4222/13 of Edapally SRO.
Reference:
Ext.A6
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Issued by Thrikkakkara North village in favour of Abdul Jaleel.
Reference:
Ext.A7
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Issued by Thrikkakkara North village in favour of Ajmal Sheriff.
Reference:
Ext.A8
Document Type:
Filed Map
Submitted By:
Defendant
Relevance:
Certified copy of the filed map of field no. 72, Block no.5 of Thrikkakkara north village office.
Reference:
Ext.B1
Document Type:
Sketch
Submitted By:
Defendant
Relevance:
Sketch prepared by Thrikkakkara North village of the plaint schedule property. (Subject to proof)
Reference:
Ext.B2
Document Type:
Gift Deed
Submitted By:
Defendant
Relevance:
Certified copy of the Gift deed no. 822/57 of Edapally SRO.
Reference:
Ext.B3
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Report filed by Adv. Veena C.V.
Reference:
Ext.C1
Document Type:
Sketch
Submitted By:
Court
Relevance:
Sketch filed along with the commission report.
Reference:
Ext.C1(a)
Document Type:
Photographs
Submitted By:
Court
Relevance:
Series of photographs filed along with the commission report.
Reference:
Ext.C1(b)