OS No. 13/2021

Case between C.V.Peter vs Alias George et al regarding declaration of prescriptive easement and permanent prohibitory injunction

Court

THE MUNSIFF KOLENCHERY

Judge

Smt. Sirsha NA

Order Date

2025-11-20

Duration

Case Closed

Judgement document from eCourt website

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Case Summary

Plaintiff C.V.Peter seeks declaration of prescriptive easement and permanent prohibitory injunction against defendants Alias George, Palliyan, and Krishnankutty. The case revolves around a pathway used by the plaintiff to access his property through the defendants' properties.

Judgment Outcome

Plaintiff Won

Interim Order

Plaintiff granted the right of easement in D schedule way and a permanent prohibitory injunction against defendants obstructing the pathway.

Judgment Favored

Plaintiff

Relief Granted

Case Type

Civil Suit

Final Judgment

Plaintiff granted the right of easement in D schedule way and a permanent prohibitory injunction against defendants obstructing the pathway.

Why Plaintiff Won:
The plaintiff proved continuous, open, and peaceable use of the pathway giving rise to an easement by prescription.

Losing Side's Weaknesses:
The plaintiff proved continuous, open, and peaceable use of the pathway giving rise to an easement by prescription.

Supporting Evidence

The plaintiff successfully demonstrated continuous, open, and peaceable use of the pathway to establish an easement by prescription.

Judgment Evidence:

The suit is decreed granting plaintiff the right of easement in D Schedule way.

Parties Involved

Parties

Party Role: Plaintiff
Party Name: C.V.Peter
Party Age: 63
Relation: S/o Varkey

Party Role: Defendant
Party Name: Alias George
Party Age: 37
Relation: S/o George

Party Role: Defendant
Party Name: Palliyan
Party Age: 75
Relation: S/o Chathan

Party Role: Defendant
Party Name: Krishnankutty
Party Age: 42
Relation: S/o Palliyan

Plaintiffs Documents

Certified copy of Settlement Deed No. 1642/1992 of Sub Registrar Office Puthencruz, Copy of Land Tax Receipt No.KL07051106711/2020 of Aikkarandu North Village, Certified copy of the Settlement Deed No. 1807/1981 of Sub Registrar Office Puthencruz

Defendants Documents

Advocates

Party Role: Plaintiff
Advocate Name: Adv. Babu T Cherian
Appearance Type: Main Counsel

Party Role: Defendant
Advocate Name: G.Suresh
Appearance Type: Main Counsel

Party Role: Defendant
Advocate Name: V.K.Subhash
Appearance Type: Assisting Counsel

Reliefs

Relief Type: Declaration

Outcome: Granted

Description:

Declaration of prescriptive easement

Evidence:

The court recognizes plaintiff's easementary right

Relief Type: Permanent Injunction

Outcome: Granted

Description:

Permanent prohibitory injunction to prevent obstruction

Evidence:

Defendants are restrained from creating obstructions on pathway

Documents & Evidence

Document Type: Certified Copy of Settlement Deed

Submitted By: Plaintiff

Relevance:

Submitted as evidence of plaintiff's ownership of property

Reference:

Ext.A1

Document Type: Copy of Land Tax Receipt

Submitted By: Plaintiff

Relevance:

Submitted as evidence of payment of land tax

Reference:

Ext.A2

Document Type: Certified copy of the Settlement Deed

Submitted By: Plaintiff

Relevance:

Not mentioned

Reference:

Document Type: Commission Report

Submitted By: Court

Relevance:

Report submitted by advocate commissioner

Reference:

Ext.C1

Document Type: Rough Sketch

Submitted By: Court

Relevance:

Sketch submitted by advocate commissioner

Reference:

Ext.C1(a)