Case Summary
The plaintiff Binu Mathews, represented by his father, seeks a declaration of his half Oodukoor right over a pathway obstructed by the defendants Neelakandan Nair and others. The suit arises from claims of obstruction and right to access to the plaintiff's property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiffs’ half Oodukoor right over 2.5 cents of property covered under Ext.A2 is hereby declared.
Case Type
Civil Suit
Final Judgment
No
The court declared the plaintiff's half Oodukoor right over 2.5 cents of property, restraining the defendants from obstructing the pathway.
Why Plaintiff Won:
The plaintiff established his right to the pathway based on the sale deed and evidence presented.
The plaintiff established his right to the pathway based on the sale deed and evidence presented.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The plaintiff has established through the evidence that he has a legitimate right to the property as per the sale deed, which was acknowledged by all parties.
Judgment Evidence:
In the result, Suit is decreed as follows: The plaintiffs’ half Oodukoor right over 2.5 cents of property covered under Ext.A2 extending from the public road to the northern boundary of the defendants property is hereby declared.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Binu Mathews
- Party Age
- 40
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- K P Mathew
- Party Age
- 68
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Neelakandan Nair
- Party Age
- 63
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Radhamani
- Party Age
- 63
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Preethi
- Party Age
- 38
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Raaji
- Party Age
- 33
- Relation
- D/o
Plaintiffs Documents
General Power of Attorney, Certified copy of sale deed no. 2021/2007, Certified Copy of Sale Deed no. 1708/2007
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- T M Xavierkutty
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Annu Mary Jose
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Anil Nambudiri
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Shalini Kurup
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sureshkumar
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Declaration
Outcome:
Granted
Description:
Plaintiff's half Oodukoor right over 2.5 cents of property is declared.
Evidence:
The plaintiffs’ half Oodukoor right over 2.5 cents of property covered under Ext.A2 extending from the public road to the northern boundary of the defendants property is hereby declared.
Relief Type:
Injunction
Outcome:
Granted
Description:
Defendants shall not cause any obstruction to the user of the property by the plaintiff.
Evidence:
The defendants shall not cause any obstruction to the user of the said portion of the property by the plaintiff.
Relief Type:
Other
Outcome:
Granted
Description:
Defendants shall clear off obstructions in the way covered under Ext.A2.
Evidence:
The defendants shall clear off the obstructions in the way as covered under Ext.A2.
Documents & Evidence
Document Type:
General Power of Attorney
Submitted By:
Plaintiff
Relevance:
Used to establish the representation of the plaintiff in the suit.
Reference:
Ext.A1
Document Type:
Certified copy of Sale Deed
Submitted By:
Plaintiff
Relevance:
Establishes the plaintiff's half Oodukoor right over 2.5 cents of property.
Reference:
Ext.A2
Document Type:
Certified copy of Sale Deed
Submitted By:
Plaintiff
Relevance:
Relevant to the plaintiff's rights to access the property.
Reference:
Ext.A3
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Provides findings regarding the accessibility and condition of the pathway.
Reference:
C1
Document Type:
Rough Sketch
Submitted By:
Court
Relevance:
Illustrates the layout of the property as assessed by the Commissioner.
Reference:
C1(a)
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Further documentation on the property conditions and accessibility.
Reference:
C2
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Common Reasons
Case Code
Case between Binu Mathews vs Neelakandan Nair et al regarding permanent prohibitory injunction and declaration
Case Code Year
Case between Binu Mathews vs Neelakandan Nair et al regarding permanent prohibitory injunction and declaration