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O. S. No.317/2017

Case between Febin K Varghese, et al vs Kuruvila, et al regarding declaration of easementary right of way and injunctions

Court
THE COURT OF THE MUNSIFF, PERUMBAVOOR
Judge
Smt. Sumey Chandran
Order Date
2025-11-07
Duration
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

Febin K Varghese and Kuruvila, et al are in dispute over an easementary right of way and obstruction of a wall in Airapuram Kara, Airapuram Village, Kunnathunadu Taluk.

Judgment Outcome

Partial Relief
Interim Order
The suit is dismissed without costs as the plaintiff failed to establish an easementary right or interference by the defendants.
Judgment Favored
Unknown
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The suit is dismissed without costs as the plaintiff failed to establish an easementary right or interference by the defendants.
Key Reasoning:
Losing Side's Weaknesses:
Supporting Evidence

Judgment Evidence:

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Febin K Varghese
Party Age
33
Relation
S/o. Varghese
Party Role
Plaintiff
Party Name
Varghese
Party Age
71
Party Role
Plaintiff
Party Name
Others
Party Role
Defendant
Party Name
Kuruvila
Party Age
75
Relation
S/o. Kuriakose
Party Role
Defendant
Party Name
Kuriakose
Party Age
58
Relation
S/o. Mathai
Party Role
Defendant
Party Name
Addl. Beena
Party Age
40
Relation
W/o. Ouseph
Party Role
Defendant
Party Name
Addl. Annakutty
Party Age
68
Plaintiffs Documents
Certified copy of Sale Deed No.2461/17 of SRO, Puthencruz, Certified copy of Partition Deed No. .2434/1989 of SRO, Puthencrz, Certified copy of Sale Deed No.4312/1987 of SRO, Puthencruz, Power of Attorney of SRO, Perumbavoor, Land Tax receipt issued from Irapuram Village, Photographs - 2 Nos. Submitted on 02/07/2025.
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
M U Devassykutty
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
K M Alias
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
P.V Shiji
Appearance Type
Main Counsel

Reliefs

Relief Type: Declaration
Outcome: Refused
Description:
Declaration of easementary right of way
Evidence:
The plaintiff has not established any legally recognisable easementary right
Relief Type: Permanent Injunction
Outcome: Refused
Description:
Seeking injunctions to prevent obstruction
Evidence:
The plaintiff is not entitled to the mandatory injunction
Relief Type: Mandatory Injunction
Outcome: Refused
Description:
Seeking mandatory injunction to secure removal of wall
Evidence:
The plaintiff is not entitled to the mandatory injunction

Documents & Evidence

Document Type: Certified copy of Sale Deed
Submitted By: Plaintiff
Relevance:
Submitted to establish title and possession over property
Reference:
A1
Document Type: Certified Copy of Partition Deed
Submitted By: Plaintiff
Relevance:
Submitted to establish joint use of pathway
Reference:
A2
Document Type: Certified copy of Sale Deed
Submitted By: Plaintiff
Relevance:
Submitted to establish ownership of adjacent property
Reference:
A3
Document Type: Power of Attorney
Submitted By: Plaintiff
Relevance:
Not mentioned
Reference:
A4
Document Type: Land Tax Receipt
Submitted By: Plaintiff
Relevance:
Submitted as evidence
Reference:
A5
Document Type: Photographs
Submitted By: Plaintiff
Relevance:
Submitted as visual evidence
Reference:
Document Type: Commission report and Rough Sketch
Submitted By: Court
Relevance:
Report submitted by Advocate Commissioner
Reference:
C1

Case Classification

Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Perumbavoor
Common Reasons
Case Code
Case between Febin K Varghese, et al vs Kuruvila, et al regarding declaration of easementary right of way and injunctions
Case Code Year
Case between Febin K Varghese, et al vs Kuruvila, et al regarding declaration of easementary right of way and injunctions

Quick Facts

Location
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Perumbavoor
Case Filed
Case Closed
From
Sat, 11/01/2025 - 12:00
To
Sun, 11/30/2025 - 12:00
Outcome Confidence
50%

Involved Entities

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