Case Summary
The plaintiffs are seeking a declaration and a permanent prohibitory injunction regarding their easement rights over a strip of land needed for access to their property. The case involves multiple parties, including the State of Kerala and various governmental bodies.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
Key Reasoning:
The plaintiffs did not provide sufficient evidence to prove their ownership or easement rights.
The plaintiffs did not provide sufficient evidence to prove their ownership or easement rights.
Judgment Evidence:
In the result, the suit is dismissed with costs.
Parties Involved
Plaintiffs
Geetha Unniskrishnan (63 years years)
30/1755, Lakshmi Mandhiram, M.G.Road, Ernakulam, Kochi – 682 011
Satya R Menon (69 years years)
30/1755, Lakshmi Mandhiram, M.G.Road, Ernakulam, Kochi – 682 011
Satheesh R Menon (59 years years)
30/1755, Lakshmi Mandhiram, M.G.Road, Ernakulam, Kochi – 682 011
Defendants
State of Kerala (Age not specified years)
represented by District Collector, Ernakulam
The District Collector (Age not specified years)
First floor civil station, Kakkanad, Ernakulam – 682 030
The Tahsildar (Age not specified years)
Ernakulam, Kanaynnur, Park Avenue, Near Subhash Part, Marine Drive, Kochi, Kerala – 682 011
The Secretary, Kochi Municipal Corporation (Age not specified years)
Marine Drive, Kochi, Kerala – 682 011
Reliefs
Relief Type:
Declaration
Outcome:
Refused
Description:
Plaintiffs sought a decree of declaration for easement rights over the B schedule property.
Evidence:
Therefore, the plaintiffs are found not entitled for a decree of declaration that the plaintiffs had acquired right by way of easement on plaint B schedule property.
Relief Type:
Permanent Injunction
Outcome:
Refused
Description:
Plaintiffs sought a permanent prohibitory injunction against the defendants regarding the use of the B schedule property.
Evidence:
Consequently, the plaintiff is found not entitled for the decree of permanent prohibitory injunction as sought for.
Documents & Evidence
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
Copy of Power of Attorney executed by the 3rd plaintiff in favor of the 1st plaintiff.
Reference:
Ext.A1
Document Type:
Will
Submitted By:
Plaintiff
Relevance:
True copy of will no. 318/03.
Reference:
Ext.A2
Document Type:
Release deed
Submitted By:
Plaintiff
Relevance:
True copy of Release deed 3325/1986.
Reference:
Ext.A4
Document Type:
Other Document
Submitted By:
Plaintiff
Relevance:
True copy of sale deed no 357/1113.
Reference:
Ext.A5
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
True copy of Tax receipt.
Reference:
Ext.A6
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Various Tax receipts to prove payment for the property.
Reference:
Ext.A7
Document Type:
Order
Submitted By:
Plaintiff
Relevance:
True copy of order from the Tahsildar, Kanayannur.
Reference:
Ext.A8
Document Type:
Sketch
Submitted By:
Plaintiff
Relevance:
True copy of sketch.
Reference:
Ext.A9
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission Report filed by Adv. Alex M Jose.
Reference:
Ext.C1