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O.S. No. 485 /2010

Case between Joy P L et al vs Subash Chandra Bose et al regarding declaration of easement by grant and injunction.

Court
COURT OF MUNSIFF, ERNAKULAM
Judge
Smt. Needi.K.Dinamany
Order Date
2025-03-25
Duration
approximately-14 years 1 month 25 days
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

The plaintiffs, Joy P L and his family, seek a declaration of easement by grant over a pathway and an injunction against the defendants, Subash Chandra Bose and others, to prevent obstruction. The case revolves around access issues to their property due to the defendants' alleged encroachment on the pathway historically used by both parties.

Judgment Outcome

Plaintiff Won
Interim Order
The court declared that the plaintiffs have the right to use the pathway as an easement by grant. The defendants are permanently prohibited from obstructing access to the pathway.
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction restraining defendants from causing obstruction in the plaint B schedule property.
Case Type
Civil Suit
Final Judgment
No
The court declared that the plaintiffs have the right to use the pathway as an easement by grant. The defendants are permanently prohibited from obstructing access to the pathway.
Why Plaintiff Won:
The plaintiffs proved their easement rights through historical use and proper documentation.
Losing Side's Weaknesses:
The plaintiffs proved their easement rights through historical use and proper documentation.
Supporting Evidence
The plaintiffs have established their entitlement to the easement rights over the pathway through appropriate evidence and documentation, confirming usage over the years.

Judgment Evidence:

In the result, suit is decreed with costs as follows: 1) It is hereby declared that the plaintiffs and their men have every right to use plaint B schedule property as pathway to the plaint A schedule property by way of easement by grant and customary easement available to a kudikidappukaran and thereafter by the assignee by the purchaser of such right from the Land Tribunal. 2) Defendants are restrained by a permanent prohibitory injunction from causing any obstruction in the plaint B schedule property for being used as a pathway to reach upto Muttathil lane.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Joy P L
Party Age
58
Relation
S/o
Party Role
Plaintiff
Party Name
Anex Joy
Party Age
31
Relation
S/o
Party Role
Plaintiff
Party Name
Albin P J
Party Age
22
Relation
S/o
Party Role
Defendant
Party Name
Subash Chandra Bose
Party Role
Defendant
Party Name
Pravadha
Relation
W/o
Party Role
Defendant
Party Name
V P Prabhulla
Relation
D/o
Plaintiffs Documents
Sale deed no: 3869/2004, Deed no: 66/1988, Certified copy of Patta No: 474/2003, Sketch prepared by Revenue Inspector, Tax receipt issued by Elamkulam Village, Photograph 3 Nos, Approved plan issued by Cochin Corporation.
Defendants Documents
Certified copy of Sale deed no: 3015/1986, Certified copy of Correction deed no: 1147/1987, Certified copy of Sale deed no: 2625/1990, Certified copy of Sale deed no: 1009/1990, True copy of Plan of the House approved by the Corporation of Kochi, Tax receipt no: KL07022307779/2024 issued by Ernakulam Village Office.

Advocates

Party Role
Plaintiff
Advocate Name
M S Unnikrishnan
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Reynold Fernandiz N
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Laly Vincent
Appearance Type
Main Counsel

Reliefs

Relief Type: Declaration
Outcome: Granted
Description:
Declaration of easement by grant over the plaint B schedule pathway.
Evidence:
It is hereby declared that the plaintiffs and their men have every right to use plaint B schedule property as pathway to the plaint A schedule property by way of easement by grant and customary easement available to a kudikidappukaran and thereafter by the assignee by the purchaser of such right from the Land Tribunal.
Relief Type: Permanent Injunction
Outcome: Granted
Description:
Permanent prohibitory injunction against the defendants from obstructing the use of plaint B schedule property.
Evidence:
Defendants are restrained by a permanent prohibitory injunction from causing any obstruction in the plaint B schedule property for being used as a pathway to reach upto Muttathil lane.
Relief Type: Mandatory Injunction
Outcome: Refused
Description:
Mandatory injunction sought by plaintiffs to remove the encroachments and restore the original condition of the pathway.
Evidence:
The plaintiffs have failed to prove that he is entitled to a relief of mandatory injunction as sought for.

Documents & Evidence

Document Type: Sale deed
Submitted By: Plaintiff
Relevance:
Establishes ownership of the Plaint A Schedule property and the right of way.
Reference:
Ext.A1
Document Type: Settlement Deed
Submitted By: Plaintiff
Relevance:
Demonstrates historical rights over the pathway associated with the property.
Reference:
Ext.A2
Document Type: Patta
Submitted By: Plaintiff
Relevance:
Certifies the relevant property rights and ownership details.
Reference:
Ext.A3
Document Type: Commission Report
Submitted By: Plaintiff
Relevance:
Confirms the existence and encroachment over the plaint B schedule pathway.
Reference:
Ext.C1
Document Type: Commission Report
Submitted By: Plaintiff
Relevance:
Details regarding the pathway measurements and encroachment.
Reference:
Ext.C2
Document Type: Sketch
Submitted By: Plaintiff
Relevance:
Visual representation of the disputed property and pathway.
Reference:
Ext.C2(a)
Document Type: Commission Report
Submitted By: Plaintiff
Relevance:
Reaffirms the encroachment findings related to the pathway.
Reference:
Ext.C3
Document Type: Sketch
Submitted By: Plaintiff
Relevance:
Illustrates the encroachment on the pathway.
Reference:
Ext.C3(a)
Document Type: Sale deed
Submitted By: Defendant
Relevance:
Establishes the properties and rights claimed by the defendants.
Reference:
Ext.B1
Document Type: Correction Deed
Submitted By: Defendant
Relevance:
Clarifies the property descriptions related to the defendants' property.
Reference:
Ext.B2
Document Type: Sale deed
Submitted By: Defendant
Relevance:
Details the defendants' claims over their property.
Reference:
Ext.B3
Document Type: Sale deed
Submitted By: Defendant
Relevance:
Shows additional property ownership related to the defendants.
Reference:
Ext.B4
Document Type: Plan
Submitted By: Defendant
Relevance:
Demonstrates the structure and layout of the defendants' property.
Reference:
Ext.B5
Document Type: Tax receipt
Submitted By: Defendant
Relevance:
Confirms the ownership and usage of the property by the defendants.
Reference:
Ext.B6

Case Classification

Case Type
Civil Suit
Category
Property and Possession Disputes
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between Joy P L et al vs Subash Chandra Bose et al regarding declaration of easement by grant and injunction.
Case Code Year
Case between Joy P L et al vs Subash Chandra Bose et al regarding declaration of easement by grant and injunction.

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Thu, 03/25/2010 - 12:00
Case Closed
From
Sat, 03/01/2025 - 12:00
To
Mon, 03/31/2025 - 12:00
Outcome Confidence
90%

Involved Entities

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