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
Judgment Favored
Unknown
Relief Granted
Case Type
Civil Suit
Final Judgment
No
Key Reasoning:
Judgment Evidence:
Parties Involved
Plaintiffs
Febin K Varghese (33 years)
Kakkattil House, Airapuram Kara, Airapuram Village, Kunnathunadu Taluk
Varghese (71 years)
S/o Kuriakose, Kakkattil House, Airapuram Kara, Airapuram Village, Kunnathunadu Taluk
Others (Age not specified years)
Defendants
Kuruvila (75 years)
Kakkattil House, Airapuram Kara, Airapuram Village, Kunnathunadu Taluk
Kuriakose (58 years)
Edakkaravayalil House, Airapuram Kara, Airapuram Village, Kunnathunadu Taluk
Addl. Beena (40 years)
Poovathinkal House, D3 Vengola Kara, Vengola Village, Kunnathunadu Taluk
Addl. Annakutty (68 years)
W/o. Kuruvila, Kakkattil House, D4 Airapuram Kara, Airapuram Village, Kunnathunadu Taluk
Others (Age not specified years)
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