Case Summary
B. Sivaprasad filed a suit against Thankachi Rohitheshwaram and others seeking a permanent prohibitory injunction to prevent them from trespassing and damaging his property. The defendants counterclaimed for easement rights over a pathway they allege has been in use for many years.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Counterclaim plaintiffs are entitled to a declaration of easement rights over the pathway and a permanent injunction restraining the counterclaim defendant from encroaching.
Case Type
Injunction
Final Judgment
No
The suit is dismissed, and the counterclaim is decreed, granting the defendants easement rights over a pathway and restraining the plaintiff from encroaching upon it.
Key Reasoning:
The counterclaim plaintiffs successfully established their easement rights over the pathway through evidence presented.
The counterclaim plaintiffs successfully established their easement rights over the pathway through evidence presented.
Why Defendant Won:
Not available
Not available
Supporting Evidence
The pathway with an average width of 1.50 metres exists on the western side of the plaint schedule property and serves as the only access to the defendants’ properties.
Judgment Evidence:
In the result, the suit is dismissed and the counterclaim is decreed with costs. The counterclaim plaintiffs are entitled to get a declaration that they are entitled to a right of easement over the 1.5 metre width pathway by way of necessity.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- B. Sivaprasad
- Party Age
- 62
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Thankachi Rohitheshwaram
- Party Age
- 65
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Snehasudha
- Party Age
- 40
- Relation
- W/o
Plaintiffs Documents
Certified copy of Sale Deed No. 1065/1998, Certified copy of Settlement Deed No. 1015/1999, Certified copy of Settlement Deed No. 10165/1999, Original Land Tax Receipt.
Defendants Documents
Complaint of Anchalummodu Police Station, Report issued from Village Office, Thrikkadavoor, Copy of Resurvey Plan, Certified copy of Sale Deed No. 2444/2008, Certified copy of Sale Deed No. 2169/2005.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- R.Bahuleyan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Ajitha T.R
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- L.S.Sunil
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- V.Jyothi Sagar
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Refused
Description:
Plaintiff sought a permanent prohibitory injunction restraining the defendants from trespassing.
Evidence:
Consequently, the plaintiff is not entitled to a decree of prohibitory injunction as prayed for.
Relief Type:
Easement Right
Outcome:
Granted
Description:
Defendants sought a declaration of their easement right over the pathway.
Evidence:
The counterclaim plaintiffs are found to have an easement right over the 1.50 meter wide pathway.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Counterclaim plaintiffs sought a permanent prohibitory injunction against the plaintiff's encroachment.
Evidence:
They are entitled to get a decree of permanent prohibitory injunction restraining the counterclaim defendant from encroaching into any portion of the pathway having a width of 1.5 metres.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Sale Deed No. 1065/1998 establishing ownership of the plaint schedule property.
Reference:
Ext.A1
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Settlement Deed No. 1015/1999 contributing to the ownership of the plaint schedule property.
Reference:
Ext.A2
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Settlement Deed No. 10165/1999 contributing to the ownership of the plaint schedule property.
Reference:
Ext.A3
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Original Land Tax Receipt evidencing the tax payments for the plaint schedule property.
Reference:
Ext.A4
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Original Land Tax Receipt evidencing the tax payments for the plaint schedule property.
Reference:
Ext.A5
Document Type:
Complaint
Submitted By:
Defendant
Relevance:
Complaint of Anchalummodu Police Station regarding encroachment issues.
Reference:
Ext.B1
Document Type:
Report
Submitted By:
Defendant
Relevance:
Report issued from Village Office, Thrikkadavoor regarding the existence of the pathway.
Reference:
Ext.B2
Document Type:
Resurvey Plan
Submitted By:
Defendant
Relevance:
Copy of Resurvey Plan relevant to the properties involved.
Reference:
Ext.B3
Document Type:
Sale deed
Submitted By:
Defendant
Relevance:
Certified copy of Sale Deed No. 2444/2008 relevant to the defendants' properties.
Reference:
Ext.B4
Document Type:
Sale deed
Submitted By:
Defendant
Relevance:
Certified copy of Sale Deed No. 2169/2005 relevant to the defendants' properties.
Reference:
Ext.B5
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Mahazar prepared and submitted by Advocate Commissioner detailing the pathway.
Reference:
Ext.C1
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report prepared and submitted by Advocate Commissioner providing evidence of the encroachment.
Reference:
Ext.C1(a)
Document Type:
Survey Plan
Submitted By:
Court
Relevance:
Survey Plan prepared and submitted by Surveyor showing the measurements of the pathway.
Reference:
Ext.C1(b)
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report submitted by Advocate Commissioner on the existence of the pathway.
Reference:
Ext.C2
Document Type:
Mahazar
Submitted By:
Court
Relevance:
Mahazar prepared and submitted detailing the findings of the commissioner.
Reference:
Ext.C2(a)
Document Type:
Rough Sketch
Submitted By:
Court
Relevance:
Rough sketch submitted as part of the commission report evidencing the pathway.
Reference:
Ext.C2(b)
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report detailing the pathway after a subsequent visit by the advocate commissioner.
Reference:
Ext.C3
Document Type:
Mahazar
Submitted By:
Court
Relevance:
Mahazar prepared and submitted during the commission visit regarding the pathway.
Reference:
Ext.C3(a)
Document Type:
Plan
Submitted By:
Court
Relevance:
Plan prepared and submitted by Surveyor depicting the pathway and surrounding properties.
Reference:
Ext.C3(b)
Case Classification
Case Type
Injunction
Category
Other Civil Cases
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Case Code
Case between B. Sivaprasad vs Thankachi Rohitheshwaram et al regarding permanent prohibitory injunction.
Case Code Year
Case between B. Sivaprasad vs Thankachi Rohitheshwaram et al regarding permanent prohibitory injunction.