Case Summary
Alcina Netticadan is the plaintiff seeking the extinguishment of easementary rights claimed by the defendants, Sarala and Vanaja. The court found that the defendants have alternate access, rendering the easement unnecessary.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
A decree declaring the easement of necessity over Item No. 3 property as extinguished and costs of the suit to be realized from the defendants.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in part, declaring that the defendants' easement of necessity over the plaintiff's property is extinguished.
Why Plaintiff Won:
The court established that the defendants have alternate means of access, making the original easement unnecessary.
The court established that the defendants have alternate means of access, making the original easement unnecessary.
Losing Side's Weaknesses:
The court established that the defendants have alternate means of access, making the original easement unnecessary.
The court established that the defendants have alternate means of access, making the original easement unnecessary.
Supporting Evidence
It is made clear that the defendants are not using the item No.3 pathway for their ingress and egress, since they are having separate pathway, hence it can be concluded that the easement by necessity has come to an end.
Judgment Evidence:
In the result, suit is decreed in part as follows. 1. A decree is hereby passed declaring that the easement of necessity of the defendants over plaint schedule item No. 3 property as extinguished.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Alcina Netticadan
- Party Age
- 61
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Sarala
- Party Age
- 74
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Vanaja
- Party Age
- 71
- Relation
- D/o
Plaintiffs Documents
Certified copy of Sale Deed No.995/1991 of SRO Maradu, Certified copy of release Deed No.2019/2022 of SRO Maradu.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Saji Isaac
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Jithin Saji Isaac
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Elizabath Varkey
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Shamsudeen
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Ajeesh Immanuel
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Declaration
Outcome:
Granted
Description:
Declaration that the easement of necessity of the defendants over the plaintiff schedule item No. 3 property is extinguished.
Evidence:
A decree is hereby passed declaring that the easement of necessity of the defendants over plaint schedule item No. 3 property as extinguished.
Relief Type:
Recovery
Outcome:
Granted
Description:
Entitlement of the plaintiff to realize costs of the suit from the defendants.
Evidence:
The plaintiff is entitled to realize costs of the suit from defendants and from their assets.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Notarized copy of sale deed used to establish plaintiff's ownership of the property.
Reference:
Ext.A1
Document Type:
Release deed
Submitted By:
Plaintiff
Relevance:
Notarized copy of release deed used to support plaintiff's claim of property ownership.
Reference:
Ext.A2
Document Type:
Affidavit
Submitted By:
Plaintiff
Relevance:
Affidavit of the owner of item No. 4 pathway indicating relinquishment of rights.
Reference:
Ext.A4
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report detailing the status of the pathway and its non-use by the defendants.
Reference:
Ext.C1
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between Alcina Netticadan vs Sarala et al regarding Extinguishment of easementary rights and other reliefs.
Case Code Year
Case between Alcina Netticadan vs Sarala et al regarding Extinguishment of easementary rights and other reliefs.