Case Summary
Maniparambil Narayanan, the plaintiff, filed a suit against his brother Maniparambil Ayyappan, the defendant, seeking a perpetual injunction to restrain the defendant from obstructing the use of a path and from taking water from a well situated on the defendant's property. The plaintiff claims rights to use both the path and the well as easements.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction restraining the defendant from causing obstruction to the user of the way and from taking water from the well.
Case Type
Injunction
Final Judgment
No
The court decreed the suit in favor of the plaintiff, granting him the right of easement over a path and the right to take water from the defendant's well. The defendant is restrained from obstructing these rights.
Why Plaintiff Won:
The plaintiff established his right of easement by grant and prescription according to the documents presented.
The plaintiff established his right of easement by grant and prescription according to the documents presented.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The plaintiff has adhered to his plea of easement by grant at the time of trial.
Judgment Evidence:
In the result, the suit is decreed with costs as follows: The defendant and his men are restrained, by way of permanent prohibitory injunction, from causing any obstruction to the user of the way having an extent of 1.20 meter on extreme southern side of the defendant's property by the plaintiff and also restrained from taking water from the Well in the defendant's property by the plaintiff.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Maniparambil Narayanan
- Party Age
- 66
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Maniparambil Ayyappan
- Party Age
- 75
- Relation
- S/o
Plaintiffs Documents
Certified Copy of Jenm Assignment Deed No.2339/1983, Certified Copy of Jenm Assignment Deed No.2341/1983, Certified Copy of Jenm Assignment Deed No.1150/1978
Defendants Documents
Certified Copy of Jenm Assignment Deed No.1149/1978, Certified Copy of Jenm Assignment Deed No.1150/1978, Certified Copy of Partition Deed No.1123/1982, Certified Copy of Jenm Assignment Deed No.2338.1983, Certified Copy of Jenm Assignment Deed No.688/2008
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.V.Chandrasekharan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.M.A.Ismail
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Plaintiff is granted a permanent prohibitory injunction restraining the defendant from causing obstruction to the user of the way.
Evidence:
Therefore, I hold a view that plaintiff has cause of action for filing the suit. Thus, the plaintiff is entitled to get a perpetual injunction restraining the defendant from causing any obstruction to user of the way having an extent of 1.20 meter on extreme southern side of the defendant's property.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Defendant is restrained from constructing a wall or fencing that would block the plaintiff's right of way.
Evidence:
The defendant and his men are further restrained, by way of permanent prohibitory injunction, from constructing wall or fencing on his property in order to block the above way.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff is entitled to recover costs of the suit from the defendant.
Evidence:
So, the plaintiff is entitled to realise the cost of the suit from the defendant.
Documents & Evidence
Document Type:
Jenm Assignment Deed
Submitted By:
Plaintiff
Relevance:
Used to establish the plaintiff's ownership and right over the A schedule property.
Reference:
Ext.A1
Document Type:
Jenm Assignment Deed
Submitted By:
Plaintiff
Relevance:
Establishes the stipulation for the property assigned to the defendant and claims regarding the right of way.
Reference:
Ext.A2
Document Type:
Jenm Assignment Deed
Submitted By:
Plaintiff
Relevance:
Shows the original ownership of the A and B schedule properties.
Reference:
Ext.A3
Document Type:
Jenm Assignment Deed
Submitted By:
Defendant
Relevance:
Presented by the defendant to dispute the existence and usability of the B schedule way.
Reference:
Ext.B1 to B9
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Provided findings and observations about the properties and the existence of the way claimed by the plaintiff.
Reference:
Ext.C1 to C6
Case Classification
Case Type
Injunction
Category
Property and Possession Disputes
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Right of way obstruction
Case Code
Case between Maniparambil Narayanan vs Maniparambil Ayyappan regarding injunction
Case Code Year
Case between Maniparambil Narayanan vs Maniparambil Ayyappan regarding injunction