Case Summary
The case involves C.V.Peter seeking declaration of prescriptive easement and permanent prohibitory injunction against Alias George and others.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Case Type
Civil Suit
Final Judgment
No
Plaintiff granted right of easement in certain properties and defendants restrained from obstructing plaintiff's transport rights.
Why Plaintiff Won:
Losing Side's Weaknesses:
Supporting Evidence
Judgment Evidence:
The plaintiff is entitled to have the right of easment in plaint D Schedule way which is existing in the B and C schedule properties. The defendants, their men agents and supporters are hereby restrained, by a decree of permanent prohibitory injunction, from creating any obstructions or commit any destruction to free use of the plaint D schedule way and from doing anything detrimental to the right of transport of the plaintiff through the D schedule way to the A schedule property. No order as to costs.
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
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:
Plaintiff to have the right of easement in D Schedule way
Evidence:
The plaintiff is entitled to have the right of easement in plaintiff D Schedule way
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Defendants restrained from obstructing use of plaint D schedule way
Evidence:
Permanent prohibitory injunction for defendants
Documents & Evidence
Document Type:
Prescriptive Easement
Submitted By:
Plaintiff
Relevance:
Used for declaration of prescriptive easement
Reference:
Document Type:
Oral Evidence
Submitted By:
Defendant
Relevance:
Examination of DW1 to DW3
Reference:
Case Classification
Case Type
Civil Suit
Category
Injunction and Access Rights
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Kolenchery
Common Reasons
Case Code
Case between C.V.Peter vs Alias George et al regarding declaration of prescriptive easement and permanent prohibitory injunction
Case Code Year
Case between C.V.Peter vs Alias George et al regarding declaration of prescriptive easement and permanent prohibitory injunction