Case Summary
The plaintiffs Ammini and her children Muraleedharan and Ratheesh are suing the defendants Radha and Unni over a property dispute regarding a pathway. The plaintiffs claim the defendants obstructed their use of a pathway they have used for over 38 years.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Declaration of the right of plaintiffs over C schedule pathway, mandatory injunction to demolish the extended work area, and permanent prohibitory injunction against the defendants.
Case Type
Civil Suit
Final Judgment
No
The court declared that the plaintiffs have a right of way through the C schedule pathway and ordered the defendants to demolish the extended work area obstructing it.
Why Plaintiff Won:
The plaintiffs have established continuous, uninterrupted use of the pathway for over 38 years.
The plaintiffs have established continuous, uninterrupted use of the pathway for over 38 years.
Losing Side's Weaknesses:
The plaintiffs have established continuous, uninterrupted use of the pathway for over 38 years.
The plaintiffs have established continuous, uninterrupted use of the pathway for over 38 years.
Supporting Evidence
It has come on record that the plaintiffs have been using the pathway having a width of 115 cm and length of 12 meters starting from Mampuzha -Theruvu road from north towards south leading to plaint A & B schedule properties.
Judgment Evidence:
In the result, the suit is decreed declaring the right of plaintiffs over plaint C schedule pathway for their ingress and egress to their properties by way of easement by necessity.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Ammini
- Party Age
- 59
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Muraleedharan N.T
- Party Age
- 41
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Ratheesh
- Party Age
- 35
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Radha
- Party Age
- 52
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Unni
- Party Age
- 60
- Relation
- S/o
Plaintiffs Documents
Certified copy of the partition deed no. 1946/2014, Certified copy of the partition deed no. 1134/1987, Certified copy of the sketch Re-survey no 69/19-2 issued by village officer, Amballoor, Certified copy of the sketch Re-survey no 69/19-3 issued by village officer, Amballoor, Certified copy of Tax receipt no. KL07020301780/2023 issued by Keechery village, Certified copy of the Tax receipt no. KL0702031684/2023 issued by Keechery village.
Defendants Documents
Photocopy of settlement deed no 10/1996.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Abdul Shukoor
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- P.N.Anoop
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sreekanth A.S
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Declaration
Outcome:
Granted
Description:
Declaration of the right of plaintiffs over plaint C schedule pathway for ingress and egress.
Evidence:
The suit is decreed declaring the right of plaintiffs over plaint C schedule pathway for their ingress and egress to their properties by way of easement by necessity.
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
Mandatory injunction to demolish the protruding work area constructed by the defendants.
Evidence:
It is also decreed that the defendants are directed by a mandatory injunction to demolish the protruding the extended work area constructed by them on the eastern side of the property.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Permanent injunction restraining the defendants from trespassing and interfering with the plaintiffs' peaceful occupation.
Evidence:
It is also decreed by a permanent prohibitory injunction restraining the defendants, their men and agents from trespassing into the plaint schedule properties.
Documents & Evidence
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
Establishes the plaintiffs' ownership and the details of the properties in question.
Reference:
Ext.A1
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
Confirms the partition and rights among the plaintiffs.
Reference:
Ext.A2
Document Type:
Location Sketch
Submitted By:
Plaintiff
Relevance:
Provides a graphical representation of the C schedule pathway's existence.
Reference:
Ext.A3
Document Type:
Location Sketch
Submitted By:
Plaintiff
Relevance:
Details the boundaries and properties relevant to the dispute.
Reference:
Ext.A4
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Proof of tax payment relevant to the properties in dispute.
Reference:
Ext.A5
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Further proof of tax payment relevant to the properties in dispute.
Reference:
Ext.A6
Document Type:
Settlement Deed
Submitted By:
Defendant
Relevance:
Claims ownership of the defendant's property and denies the existence of the C schedule pathway.
Reference:
Ext.B1
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Right of way obstruction
Case Code
Case between Ammini et al vs Radha et al regarding declaration, mandatory and permanent prohibitory injunction
Case Code Year
Case between Ammini et al vs Radha et al regarding declaration, mandatory and permanent prohibitory injunction
Case Flags
Adalath Resolved