Case Summary
This case involves Baby Rajan and others seeking a permanent prohibitory injunction against Ashokan. M. P regarding their easement rights over a pathway. The parties are in dispute over the ownership and access rights to the property.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court dismissed OS 147/2022 and decreed OS 24/2023. The defendant, who was the plaintiff in OS 24/2023, was entitled to recover possession of the property based on title.
Key Reasoning:
The plaintiff failed to establish an easement by prescription over the B schedule property.
The plaintiff failed to establish an easement by prescription over the B schedule property.
Why Defendant Won:
Not available
Not available
Supporting Evidence
The plaintiffs did not mount the box and give evidence with regard to the claim of easement by prescription.
Judgment Evidence:
In the result, OS 147/2022 is dismissed with costs and OS 24/2023 is decreed with costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Baby Rajan
- Party Age
- 46
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Nidhin Raj M.P
- Party Age
- 29
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Naveen Raj
- Party Age
- 26
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Ashokan. M. P
- Party Age
- 52
- Relation
- S/o
Plaintiffs Documents
Assignment Deed No. 2709/1991, Assignment Deed No. 1914/1993, Assignment Deed No. 1221/1996.
Defendants Documents
Assignment Deed No. 948/2001, Assignment Deed No. 117/2004.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Prafullachandran Moodadi
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. Pradeepan. K. P
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. Gireesh. P
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Subramanyian. C
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. P. Anoop
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Previn. P. M
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Refused
Description:
The plaintiffs sought a permanent prohibitory injunction to restrain the defendant from trespassing into the plaint B schedule property.
Evidence:
Since, the plaintiffs failed to establish easement by prescription over B schedule way then automatically they are not entitled to ask for a relief of permanent prohibitory injunction restraining the defendant and his men from trespassing into the plaint B schedule property.
Relief Type:
Declaration
Outcome:
Refused
Description:
The plaintiffs sought a declaration regarding their easement right by prescription over the plaint B schedule property.
Evidence:
If the plaintiffs has failed to establish the same they cannot seek a relief of declaration from this court.
Relief Type:
Recovery
Outcome:
Granted
Description:
The defendant sought a recovery of possession of the plaint B schedule property.
Evidence:
The defendant who is the plaintiff in OS 24/2023 is entitled for a decree of recovery of possession of B schedule from the plaintiffs on the strength of their title.
Documents & Evidence
Document Type:
Assignment Deed
Submitted By:
Plaintiff
Relevance:
The plaintiffs submitted these exhibits to establish their ownership and rights over the plaint A schedule property and easement over the plaint B schedule property.
Reference:
Ext.A1 to A10
Document Type:
Assignment Deed
Submitted By:
Defendant
Relevance:
The defendant submitted these exhibits to support their claim and title over the plaint B schedule property.
Reference:
Ext.B1 to B3
Document Type:
Commission Report
Submitted By:
Court
Relevance:
These reports were used by the court to determine the identity and status of the plaint schedule properties.
Reference:
Ext.C1 to C3(a)
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court, Nadapuram
Common Reasons
Case Code
OS
Case Code Year
2022