Case Summary
The plaintiff, Appachan @ Kuriakose, seeks a declaration of his easement rights over a way claimed to be obstructed by the defendants, Shaji Kurian and Jensy Shaji. The defendants contended that the way is part of their property and denied the plaintiff's claims.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Declaration of easement by grant over item No.2 way, mandatory injunction to remove obstructions, and a prohibitory injunction against the defendants.
Case Type
Civil Suit
Final Judgment
No
The suit was decreed in favor of the plaintiff, affirming his easement right over item No.2 way and granting a mandatory injunction for its removal of obstructions. The counter-claim was partly decreed with no costs awarded.
Why Plaintiff Won:
The plaintiff proved his easement right by grant over the obstructed way and demonstrated obstruction to his access.
The plaintiff proved his easement right by grant over the obstructed way and demonstrated obstruction to his access.
Losing Side's Weaknesses:
The plaintiff proved his easement right by grant over the obstructed way and demonstrated obstruction to his access.
The plaintiff proved his easement right by grant over the obstructed way and demonstrated obstruction to his access.
Supporting Evidence
It can be rightly held that plaintiff has succeeded to prove a prima facie case, balance of convenience, and irreparable injury in his favour. Plaint item No.2 was found to be in existence.
Judgment Evidence:
In the result, the suit is decreed with cost and counter-claim is partly decreed without cost. Plaintiff is entitled to a declaration of easement by grant over item No.2 way. The plaintiff is entitled for an order of mandatory injunction whereby he was permitted to remove the mud which had alleged to have deposited by the defendants in item No.2.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Appachan @ Kuriakose
- Party Age
- 62
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Shaji Kurian
- Party Age
- 52
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Jensy Shaji
- Party Age
- 50
- Relation
- W/o
Plaintiffs Documents
Certified copy of sale deed No.704/2002, Certified copy of sale deed No. 2698/2000, Certified copy of sale deed No. 1644/1995, Tax Receipt No. 5889722, Report with adalath application, Site Plan prepared by P.V.Mathai
Defendants Documents
Photograph, Tax Receipt No. KL05050802374/2021, Certified copy of sale deed No. 702/2002, Original sale deed No. 703/2002, Re-survey plan prepared by Village Officer Muttuchira, Survey plan prepared by Village Officer Muttuchira, Letter filed before the Public Information Officer, Village Office Muttuchira, Tax Receipt No. KL05050806498/2019, Possession Certificate No.45773026 issued by Kaduthuruthy Urban Co-operative Bank.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- K.Krishnakumar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Jose Joseph.K.
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Johny.K.Manippadam
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Declaration
Outcome:
Granted
Description:
Plaintiff is entitled to a declaration of easement by grant over item No.2 way.
Evidence:
The plaintiff has succeeded to prove a prima facie case, balance of convenience, and irreparable injury in his favour.
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
An order permitting the plaintiff to remove the mud deposited by the defendants in item No.2.
Evidence:
The plaintiff is entitled for an order of mandatory injunction whereby he was permitted to remove the mud.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Defendants are restrained from making any obstruction in item No.2 way.
Evidence:
The defendants or men under them are restrained from making any obstruction in item No.2 way.
Relief Type:
Permanent Injunction
Outcome:
Refused
Description:
Counter-claim plaintiffs are not entitled to declare their title over counter-claim schedule property that includes item No.2 way.
Evidence:
Counter-claim plaintiffs had failed to prove that they have a title over the entire counter-claim schedule property.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Document evidencing the purchase of the property by the plaintiff, which includes details of the easement right.
Reference:
Ext.A1
Document Type:
Sale deed
Submitted By:
Defendant
Relevance:
Document evidencing the tax payment related to the defendant's property.
Reference:
Ext.B2
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Document evidencing the purchase of property by the defendants, relevant to the claimed easement.
Reference:
Ext.A2
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Report prepared by the commissioner regarding the disputed way and the state of the property.
Reference:
Ext.C1
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Subsequent report detailing the conditions of the way in dispute.
Reference:
Ext.C2
Document Type:
Survey Plan
Submitted By:
Court
Relevance:
Survey plan illustrating the properties and locations relevant to the lawsuit.
Reference:
Ext.C3
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Vaikom
Common Reasons
Easement rights
Case Code
Case between Appachan @ Kuriakose vs Shaji Kurian et al regarding declaration of the easement by grant, permanent prohibitory injunction and mandatory injunction
Case Code Year
Case between Appachan @ Kuriakose vs Shaji Kurian et al regarding declaration of the easement by grant, permanent prohibitory injunction and mandatory injunction