Case Summary
Nazeema Beevi filed this suit against Subha and others for a declaration of her easement right and a permanent injunction regarding a pathway. The respondents contest her claim, arguing that no such pathway exists.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Interim injunction made absolute till the disposal of the suit
Case Type
Civil Suit
Final Judgment
No
The court granted Nazeema Beevi's petition for a permanent injunction, allowing her easement right over the disputed pathway.
Why Plaintiff Won:
The plaintiffs have demonstrated a prima facie case and the balance of convenience is in their favor.
The plaintiffs have demonstrated a prima facie case and the balance of convenience is in their favor.
Losing Side's Weaknesses:
The plaintiffs have demonstrated a prima facie case and the balance of convenience is in their favor.
The plaintiffs have demonstrated a prima facie case and the balance of convenience is in their favor.
Supporting Evidence
I am satisfied that the plaintiffs have a prima facie case, and the balance of convenience is in their favour.
Judgment Evidence:
In the result, the petition allowed. Interim injunction made absolute till the disposal of the suit. There is no order as to costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Nazeema Beevi
- Party Age
- 50
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Subha
- Party Age
- 33
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Shobha
- Party Age
- 33
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Dr.Dennin
- Party Age
- 33
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Augnan
- Party Age
- 36
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Anila
- Party Age
- 27
- Relation
- W/o
Plaintiffs Documents
Certified copy of Will No.19/1996, Original tax receipt, Xerox copy of sale deed No.3121/2008, Certified copy of sale deed No.187/1973, Xerox copy of petition submitted before Chathannoor Police Station
Defendants Documents
Certified copy of Sale Deed No.3554/2003, Certified copy of Sale Deed No.1732/2014, Certified copy of Sale Deed No.2753/12, Certified copy of Sale Deed No.971/2014, Tax receipt
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sam R
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Kannanalloor S.Abdul Karim
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Petitioner sought a permanent prohibition of obstruction against the use of E schedule pathway.
Evidence:
In the result, the petition allowed. Interim injunction made absolute till the disposal of the suit.
Documents & Evidence
Document Type:
Certified copy of Will
Submitted By:
Plaintiff
Relevance:
Produced to establish the plaintiff's claim regarding ownership.
Reference:
Ext.A1
Document Type:
Original tax receipt
Submitted By:
Plaintiff
Relevance:
Presented as evidence for the property tax payment.
Reference:
Ext.A2
Document Type:
Xerox copy of sale deed
Submitted By:
Plaintiff
Relevance:
Used to prove ownership through the sale deed.
Reference:
Ext.A3
Document Type:
Certified copy of Sale Deed
Submitted By:
Plaintiff
Relevance:
Demonstrates legal transfer of property.
Reference:
Ext.A4
Document Type:
Xerox copy of petition
Submitted By:
Plaintiff
Relevance:
Submitted to show prior actions taken regarding the dispute.
Reference:
Ext.A5
Document Type:
Receipt issued from Chathannoor Police Station
Submitted By:
Plaintiff
Relevance:
Evidence of prior police interaction concerning the property.
Reference:
Ext.A6
Document Type:
Certified copy of survey plan
Submitted By:
Plaintiff
Relevance:
Utilized to illustrate property lines and boundaries.
Reference:
Ext.A7
Document Type:
Certified copy of Sale Deed
Submitted By:
Defendant
Relevance:
Presented to support the defendants' ownership claims.
Reference:
Ext.B1
Document Type:
Certified copy of Sale Deed
Submitted By:
Defendant
Relevance:
Used to illustrate transactions relevant to property claims.
Reference:
Ext.B2
Document Type:
Certified copy of Sale Deed
Submitted By:
Defendant
Relevance:
Provided to demonstrate ownership transfer.
Reference:
Ext.B3
Document Type:
Certified copy of Sale Deed
Submitted By:
Defendant
Relevance:
Related to defendants' ownership documentation.
Reference:
Ext.B4
Document Type:
Tax receipt
Submitted By:
Defendant
Relevance:
Submitted to confirm tax payments on the property.
Reference:
Ext.B5
Document Type:
Tax receipt
Submitted By:
Defendant
Relevance:
Further evidence of property ownership through tax records.
Reference:
Ext.B6
Document Type:
Certified copy of Sale Deed
Submitted By:
Defendant
Relevance:
Supports the defendants' claims regarding property transactions.
Reference:
Ext.B7
Document Type:
Certified copy of Sale Deed
Submitted By:
Defendant
Relevance:
Evidence of ownership changes relevant to the case.
Reference:
Ext.B8
Document Type:
Certified Copy of Settlement Deed
Submitted By:
Defendant
Relevance:
Provided to substantiate property rights under dispute.
Reference:
Ext.B9
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Marked to present the findings from the advocate commissioner regarding property access.
Reference:
Ext.C1 series
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Easement right of prescription
Case Code
OS
Case Code Year
2020