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OS No. 88/2018

Case between Chellappan vs Santha regarding easement by declaration and permanent prohibitory injunction

Court
COURT OF THE MUNSIFF, VAIKOM
Judge
Kum. Abhinimol Rajendran
Order Date
2025-01-31
Duration
approximately-6 years 24 days
Case Closed
Fri, 01/31/2025 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

Chellappan and Ninu are plaintiffs seeking a declaration of easement rights over a property against defendants Santhamma and others. The case involves the use of a pathway for accessing their property.

Judgment Outcome

Plaintiff Won
Interim Order
The court granted the plaintiffs right of easement over the property in question, restraining the defendants from causing obstruction. The defendants in counter-claim were restrained from entering specific area.
Judgment Favored
Plaintiff
Relief Granted
Right of easement by grant over item No.4 property and permanent prohibitory injunction.
Case Type
Civil Suit
Final Judgment
No
The court granted the plaintiffs right of easement over the property in question, restraining the defendants from causing obstruction. The defendants in counter-claim were restrained from entering specific area.
Why Plaintiff Won:
Losing Side's Weaknesses:
Not available
Supporting Evidence
The plaintiffs have succeeded in establishing the identity of the item No.4 property and they are entitled to get a declaration of easement by grant over it.

Judgment Evidence:

In the result, O.S No. 88/18 is decreed with costs...

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Chellappan
Party Age
65
Relation
S/o
Party Role
Plaintiff
Party Name
Ninu
Party Age
31
Relation
S/o
Party Role
Defendant
Party Name
Santhamma
Party Age
60
Relation
W/o
Party Role
Defendant
Party Name
Arun
Party Age
32
Relation
S/o
Party Role
Defendant
Party Name
Amal
Party Age
25
Relation
S/o
Party Role
Defendant
Party Name
Surendran
Party Age
55
Relation
S/o
Party Role
Defendant
Party Name
Ashik
Party Age
25
Relation
S/o
Plaintiffs Documents
Certified copy of Joint right release deed No.27/02 of Thalayolaparambu SRO, Land Tax Receipt No. 534967 issued from Village Office Vadayar
Defendants Documents
Partition deed No 654/1992 of Thalayolaparambu SRO, Land Tax Receipt No. 4046982 issued from Vadayar Village Office

Advocates

Party Role
Plaintiff
Advocate Name
D.Subhash Chandran
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Sreeji.K.B.
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
R.Gaganan
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
K.Krishnakumar
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
Malu Johnson
Appearance Type
Assisting Counsel

Reliefs

Relief Type: Declaration
Outcome: Granted
Description:
It is hereby declared that plaintiffs have right of easement by grant over item No.4 property having an extent of length 41.65 meter and width 2.60 - 3.40 as stated in Ext.C2(a) plan
Evidence:
In the result, O.S No. 88/18 is decreed with costs as follows: It is hereby declared that plaintiffs have right of easement by grant over item No.4 property having an extent of length 41.65 meter and width 2.60 - 3.40 as stated in Ext.C2(a) plan.
Relief Type: Permanent Injunction
Outcome: Granted
Description:
Permanent prohibitory injunction restraining the defendants from causing obstruction to the plaintiffs of their peaceful use and enjoyment of item No.4, closing down the same and from shortening its width
Evidence:
In the result, O.S No. 88/18 is decreed with costs as follows: ... for permanent prohibitory injunction restraining the defendants from causing obstruction to the plaintiffs of their peaceful use and enjoyment of item No.4.
Relief Type: Permanent Injunction
Outcome: Partly Granted
Description:
Permanent prohibitory injunction restraining the plaintiffs and men under them from entering into item No.2
Evidence:
In the result, O.S No. 109/17 is partly decreed with costs as follows: ... The plaintiffs and men under them are restrained by an order of permanent prohibitory injunction from entering into item No.2.

Documents & Evidence

Document Type: Title deed
Submitted By: Plaintiff
Relevance:
Certified copy of Joint right release deed No. 27/02 of Thalayolaparambu SRO
Reference:
Ext.A1
Document Type: Tax receipt
Submitted By: Plaintiff
Relevance:
Land Tax Receipt No. 534967 issued from Village Office Vadayar
Reference:
Ext.A2
Document Type: Partition Deed
Submitted By: Defendant
Relevance:
Partition deed No 654/1992 of Thalayolaparambu SRO
Reference:
Ext.B1
Document Type: Tax receipt
Submitted By: Defendant
Relevance:
Land Tax Receipt No. 4046982 issued from Vadayar Village Office
Reference:
Ext.B2
Document Type: Urgent Commission report
Submitted By: Court
Relevance:
Urgent Commission Report filed by Adv. K.K.Kavitha
Reference:
Ext.C1
Document Type: Rough Sketch
Submitted By: Court
Relevance:
Rough Sketch prepared by Adv.Commissioner is attached along with commission report
Reference:
Ext.C1(a)
Document Type: Survey Commission Report
Submitted By: Court
Relevance:
Survey commission report filed by Adv.Manaph.A
Reference:
Ext.C2
Document Type: Survey Plan
Submitted By: Court
Relevance:
Survey Plan prepared by Surveyor K.D.Sabu is attached along with commission report
Reference:
Ext.C2(a)
Document Type: Urgent Commission report
Submitted By: Court
Relevance:
Urgent commission report filed by Adv.M.Mahesh
Reference:
Ext.C3
Document Type: Rough Sketch
Submitted By: Court
Relevance:
Rough Sketch prepared by Adv.Commissioner is attached along with commission report
Reference:
Ext.C3(a)

Case Classification

Case Type
Civil Suit
Category
Property and Possession Disputes
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Vaikom
Common Reasons
Easement by grant
Case Code
Case between Chellappan vs Santha regarding easement by declaration and permanent prohibitory injunction
Case Code Year
Case between Chellappan vs Santha regarding easement by declaration and permanent prohibitory injunction

Quick Facts

Location
Vaikom Taluk
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Vaikom
Case Filed
Mon, 01/01/2018 - 12:00
Case Closed
Fri, 01/31/2025 - 12:00
From
Wed, 01/01/2025 - 12:00
To
Fri, 02/28/2025 - 12:00
Outcome Confidence
90%

Involved Entities

Private Individual

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