O.S. No.34 9/2012

Case between Babu et al vs Bhagyalakshmi et al regarding declaration of right of way by easement by prescription and prohibitory injunction.

Court

Court of Munsiff, Ernakulam

Judge

Smt. Needi. K. Dinamany.

Order Date

2025-02-17

Duration

approximately-12 years 0 days

Case Closed

Mon, 02/17/2025 - 12:00

Judgement document from eCourt website

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Case Summary

The plaintiffs, including Babu and others, claim a right of way over a pathway used for more than 30 years. The defendants, heirs of Ratnakaran, contest this claim, asserting no existing easement rights.

Judgment Outcome

Defendant Won

Interim Order

The court dismissed the suit as the plaintiffs failed to prove their easement claim over the pathway. The defendants successfully contested the existence of any easement rights.

Judgment Favored

Defendant

Relief Granted

Case Type

Civil Suit

Final Judgment

The court dismissed the suit as the plaintiffs failed to prove their easement claim over the pathway. The defendants successfully contested the existence of any easement rights.

Key Reasoning:
The plaintiffs did not meet the legal requirements to establish easement by prescription.

Why Defendant Won:
The plaintiffs did not meet the legal requirements to establish easement by prescription.

Supporting Evidence

The plaintiffs failed to establish their claims of continuous user for 20 years as of right, openly, and peacefully for the easement pathway.

Judgment Evidence:

In the result, 1) Suit is dismissed. 2) Plaintiff is directed to pay cost of the suit to defendant.

Parties Involved

Parties

Party Role: Plaintiff
Party Name: Babu
Party Age: 52
Relation: S/o

Party Role: Plaintiff
Party Name: Sulochana
Party Age: 60
Relation: W/o

Party Role: Plaintiff
Party Name: Yamuna P N
Party Age: 48
Relation: W/o

Party Role: Plaintiff
Party Name: Saira Banu
Party Age: 47
Relation: W/o

Party Role: Plaintiff
Party Name: Rajesh P A
Party Age: 45
Relation: S/o

Party Role: Defendant
Party Name: Bhagyalakshmi
Party Age: 70
Relation: W/o

Party Role: Defendant
Party Name: Anil
Party Age: 55
Relation: S/o

Party Role: Defendant
Party Name: Ashokan
Party Age: 52
Relation: S/o

Party Role: Defendant
Party Name: Ajith
Party Age: 50
Relation: S/o

Party Role: Defendant
Party Name: Asha
Party Age: 56
Relation: D/o

Plaintiffs Documents

Sale deed No. 4058/1993, Sale Deed No. 1917/1991, Settlement Deed No. 1631/1991.

Defendants Documents

Various photographs, certified copies of documents related to property ownership and previous litigation.

Advocates

Party Role: Plaintiff
Advocate Name: A T Anilkumar (Anil Mamala)
Appearance Type: Main Counsel

Party Role: Plaintiff
Advocate Name: Benraj K R
Appearance Type: Assisting Counsel

Party Role: Defendant
Advocate Name: A Anilkumar
Appearance Type: Main Counsel

Party Role: Defendant
Advocate Name: T B Thankappan
Appearance Type: Main Counsel

Party Role: Defendant
Advocate Name: T T Harikumar
Appearance Type: Main Counsel

Party Role: Defendant
Advocate Name: N Retheesh
Appearance Type: Main Counsel

Party Role: Defendant
Advocate Name: Sumadevi K S
Appearance Type: Main Counsel

Party Role: Defendant
Advocate Name: K A Rasheed
Appearance Type: Main Counsel

Party Role: Defendant
Advocate Name: P M Haris
Appearance Type: Main Counsel

Reliefs

Relief Type: Declaration

Outcome: Refused

Description:

Plaintiffs sought a decree declaring their right of easement over the E schedule pathway.

Evidence:

The plaintiff has failed to prove the essentials of easement by prescription.

Relief Type: Permanent Injunction

Outcome: Refused

Description:

Plaintiffs sought a permanent injunction restraining defendants from obstructing the pathway.

Evidence:

Plaintiff has no right to claim injunction against the defendants.

Documents & Evidence

Document Type: Sale deed

Submitted By: Plaintiff

Relevance:

The 2nd plaintiff is the owner of plaint B schedule property by virtue of this sale deed.

Reference:

Ext.A1

Document Type: Partition Deed

Submitted By: Plaintiff

Relevance:

This partition deed relates to the property ownership and rights of the parties involved.

Reference:

Ext.A2

Document Type: Settlement Deed

Submitted By: Plaintiff

Relevance:

This settlement deed relates to the property ownership and rights of the parties involved.

Reference:

Ext.A3

Document Type: Sale deed

Submitted By: Plaintiff

Relevance:

This sale deed relates to the property ownership and rights of the parties involved.

Reference:

Ext.A4

Document Type: Sale deed

Submitted By: Plaintiff

Relevance:

This sale deed supports the claim of the 1st plaintiff as absolute owner of the property.

Reference:

Ext.A6

Document Type: Partition Deed

Submitted By: Plaintiff

Relevance:

This partition deed establishes the ownership rights related to the contested properties.

Reference:

Ext.A7

Document Type: Photograph

Submitted By: Defendant

Relevance: