Case Summary
The plaintiffs, Girija and Vysakh.A, are the owners of the A schedule property and sought a permanent prohibitory injunction against the defendants, Saneesh Shankar, V.A. Nassar, and Aarifa, who they claim have unlawfully obstructed access to their property. The court found that the plaintiffs failed to prove their right over the access road.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
Key Reasoning:
The plaintiffs failed to prove continuous, open, and hostile usage of the 'D' schedule pathway for the statutory period required for easement by prescription.
The plaintiffs failed to prove continuous, open, and hostile usage of the 'D' schedule pathway for the statutory period required for easement by prescription.
Judgment Evidence:
In the result, the suit is dismissed. Considering the facts and circumstances of the case, the parties are liable to suffer their respective costs.
Parties Involved
Plaintiffs
Girija (55 years years)
Arakkal House, (CC 51/2032 B) Mecheri Road, Poonithura Village, Kanayannur Taluk, Poonithura (P.O) Pin- 682038
Vysakh.A. (29 years years)
Arakkal house (CC 51/2032 B) on Mecheri Road, Poonithura Village, Poonithura (P.O) Pin - 682038, in Kanayannur Taluk.
Defendants
Saneesh Shankar (35 years years)
Vendissery, Kanayannur Taluk, Poonithura Village, Poonithura (P.O.) Pin - 682038
V.A. Nassar (50 years years)
Vakuparambil, Kanayannur Taluk, Poonithura Village, Poonithura (P.O.) Pin-682038
Aarifa (45 years years)
Vakuparambil, Poonithura Village, Poonithura P.O., Kanayannur Taluk, Pin-682038
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Refused
Description:
Permanent prohibitory injunction restraining the defendants from obstructing their access through plaint 'D' schedule road.
Evidence:
the plaintiffs failed to establish any legal or prescriptive right over plaint D schedule property, they are not entitled to relief of permanent prohibitory injunction.
Relief Type:
Mandatory Injunction
Outcome:
Refused
Description:
Decree for mandatory injunction directing the defendants to remove the obstruction.
Evidence:
this Court cannot compel the defendants to remove fences or gates.
Documents & Evidence
Document Type:
Agreement
Submitted By:
Plaintiff
Relevance:
Original of agreement dated 18.03.2017, marked subject to objection that it is unregistered and unstamped.
Reference:
Ext.A1
Document Type:
Electricity Receipt
Submitted By:
Plaintiff
Relevance:
Original of electricity receipt (3 in Nos).
Reference:
Ext.A2
Document Type:
Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of deed No. 4633/1987 dated 09.11.1987.
Reference:
Ext.A3
Document Type:
Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of deed No. 2709/1985 dated 08.07.1985.
Reference:
Ext.A4
Document Type:
Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of deed No. 3172/1999 dated 11.09.1999.
Reference:
Ext.A5
Document Type:
Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of deed No. 2397/1997 dated 22.07.1997.
Reference:
Ext.A6
Document Type:
Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of deed No. 2229/1984 dated 22.06.1984.
Reference:
Ext.A7
Document Type:
Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of deed No. 4434/1980 dated 08.12.1980.
Reference:
Ext.A8
Document Type:
Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of deed No. 110/1993 dated 11.01.1993.
Reference:
Ext.A9
Document Type:
Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of deed No. 547/2017 dated 17.03.2017.
Reference:
Ext.A10
Document Type:
Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of deed No. 2866/2011 dated 27.10.2011.
Reference:
Ext.A11
Document Type:
Possession Certificate
Submitted By:
Plaintiff
Relevance:
Original of possession certificate dated 27.06.2019.
Reference:
Ext.A12
Document Type:
Possession Certificate
Submitted By:
Plaintiff
Relevance:
Original of possession certificate dated 21.07.2017.
Reference:
Ext.A13
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Copy of land tax receipt dated 18.11.2011.
Reference:
Ext.A14
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
Original power of attorney dated 03.07.2022.
Reference:
Ext.A15
Document Type:
Sale deed
Submitted By:
Defendant
Relevance:
Certified copy of sale deed No. 2866/2011.
Reference:
Ext.B1
Document Type:
Sale deed
Submitted By:
Defendant
Relevance:
Certified copy of sale deed No. 4633/1987.
Reference:
Ext.B2
Document Type:
Sale deed
Submitted By:
Defendant
Relevance:
Certified copy of sale deed No. 2709/1985.
Reference:
Ext.B3
Document Type:
Sale deed
Submitted By:
Defendant
Relevance:
Certified copy of sale deed No. 4807/1981.
Reference:
Ext.B4
Document Type:
Sale deed
Submitted By:
Defendant
Relevance:
Certified copy of sale deed No. 4434/1980.
Reference:
Ext.B5
Document Type:
Settlement Deed
Submitted By:
Defendant
Relevance:
Certified copy of settlement deed No. 704/2014.
Reference:
Ext.B6
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report dated 11.04.2018 in I.A No. 2656/2018.
Reference:
Ext.C1
Document Type:
Sketch
Submitted By:
Court
Relevance:
Sketch related to commission report.
Reference:
Ext.C1(a)
Document Type:
Photographs
Submitted By:
Court
Relevance:
Photographs related to commission report.
Reference:
Ext.C1(b)