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
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.
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
Plaintiffs
Alcina Netticadan (61 years years)
House No.01/434, Burger Steet, Fort Kochi P.O., Ernakulam 682001
Defendants
Sarala (74 years years)
Thykoottathil House, Poonithura, Ponnuirunni, Vyttila, Ernakulam-682019
Vanaja (71 years years)
Thykoottathil House, Poonithura, Ponnurunni, Vyttila, Ernakulam 682 019
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