Case Summary
The plaintiffs, Gopinathan Pillai and others, are suing the defendants, Sarojini Amma and others, over the right of way to a burial ground. The case involves conflicting claims regarding a pathway leading to the burial site.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
It is declared that the plaintiffs and their family members have the right of way through the plaint D schedule pathway. The defendants are directed to demolish and remove the obstructing wall constructed by them.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiffs, confirming their right of way through the D schedule pathway and ordering the defendants to remove a wall obstructing access.
Why Plaintiff Won:
The plaintiffs established their right to use the D schedule pathway based on evidence.
The plaintiffs established their right to use the D schedule pathway based on evidence.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The deposition of PW1 to PW3 shows that their exits a plaint D schedule way which starts from the tarred road and ends in the crematorium. Exts. A1 and A4 deeds prove that the plaintiffs have right of way through the D schedule pathway.
Judgment Evidence:
In the result the suit is decreed with costs...
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Gopinathan Pillai
- Party Age
- 68
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Madhusoodanan Pillai
- Party Age
- 53
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Rajalekshmi
- Party Age
- 41
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Vijayalekshmi
- Party Age
- 39
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Jayalekshmi
- Party Age
- 38
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Sarojini Amma
- Party Age
- 59
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Karunavathy
- Party Age
- 57
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Sankari
- Party Age
- 55
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Santha
- Party Age
- 50
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Ambika
- Party Age
- 50
- Relation
- W/o Late Ayyappan Pillai
Plaintiffs Documents
Certified copy of Sale Deed No. 3354/1991, Land Tax Receipt
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- P.R.Jayachandran
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Mathew Johnson
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Declaration
Outcome:
Granted
Description:
Declaration of right of way through the plaint D schedule pathway.
Evidence:
It is declared that the plaintiffs and their family members have the right of way through the plaint D schedule pathway.
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
Mandatory direction to demolish the obstructing wall constructed by the defendants.
Evidence:
The defendants are directed to demolish and remove the obstructing wall constructed by them on the southern part of the D schedule pathway.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Permanent restraint on the defendants from making any deeds regarding the D schedule pathway.
Evidence:
The defendants are hereby permanently restrained from making any deed of transfer with regard to the D schedule pathway.
Relief Type:
Recovery
Outcome:
Granted
Description:
Recovery of costs related to the proceedings from the defendants.
Evidence:
The plaintiffs are entitled to recover the costs of the proceedings from defendants.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Sale Deed establishes the plaintiff's ownership of the property.
Reference:
Ext.A1
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Proves payment of land tax by the plaintiff for the property in question.
Reference:
Ext.A2
Document Type:
Notice
Submitted By:
Plaintiff
Relevance:
Notice issued related to further proceedings concerning the property.
Reference:
Ext.A3
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Prior title deed indicating the existence of the pathway leading to the burial ground.
Reference:
Ext.A4
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Another prior title deed related to the property.
Reference:
Ext.A5
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Further evidence of the plaintiff's financial ties to the property.
Reference:
Ext.A6
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report detailing the status of the disputed pathway.
Reference:
C1
Document Type:
Mahazar
Submitted By:
Court
Relevance:
Document supporting the findings of the Commission.
Reference:
C1(a)
Document Type:
Rough Sketch
Submitted By:
Court
Relevance:
Visual representation of the disputed area.
Reference:
C1(b)
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Right of way obstruction
Case Code
Case between Gopinathan Pillai et al vs Sarojini Amma et al regarding declaration and injunction
Case Code Year
Case between Gopinathan Pillai et al vs Sarojini Amma et al regarding declaration and injunction