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O.S. o.1088/2020

Case between P A Sanoj et al vs P K Sreedharan et al regarding declaration of easement by necessity and prohibitory injunction

Court
Court of Munsiff, Ernakulam
Judge
Smt. Needi. K. Dinamany.
Order Date
2025-02-06
Duration
5 years 3 days
Case Closed
Thu, 02/06/2025 - 12:00

Judgement document from eCourt website

Judgment Document
Save Case Find Similar Cases

Case Summary

Plaintiff, owner of plaint A schedule property, seeks declaration of easement right over plaint C schedule way used as access. Defendants obstructed access, threatening to block pathway. Defendant contests absolute necessity and alternative pathways. Plaintiff proved historical use, defendants failed to prove alternatives. Court decreed in favor of plaintiff, granting declaration of easement by necessity and injunction.

Judgment Outcome

Plaintiff Won
Interim Order
Court decreed in favor of plaintiff, granting declaration of easement by necessity and injunction.
Judgment Favored
Plaintiff
Relief Granted
Declaration of easement by necessity and injunction
Case Type
Civil Suit
Final Judgment
No
Court decreed in favor of plaintiff, granting declaration of easement by necessity and injunction.
Why Plaintiff Won:
Defendants failed to prove existence of alternative pathways and plaintiff established historical use of pathway.
Losing Side's Weaknesses:
Defendants failed to prove existence of alternative pathways and plaintiff established historical use of pathway.
Supporting Evidence
null

Judgment Evidence:

null

Parties Involved

Parties

Party Role
Plaintiff
Party Name
P A Sanoj
Party Age
44
Relation
S/o late P K Anujan alias Aniyan
Party Role
Defendant
Party Name
P K Sreedharan
Party Age
79
Relation
S/o late Kakki
Party Role
Defendant
Party Name
Maju
Party Age
46
Relation
S/o P K Sreedharan
Party Role
Defendant
Party Name
Manu
Party Age
43
Relation
S/o P K Sreedharan
Plaintiffs Documents
Partition deed no. 2814/2001, Land Tax receipt
Defendants Documents
Photographs, Compact Disc

Advocates

Reliefs

Relief Type: Declaration
Outcome: Granted
Description:
Plaintiff granted declaration of right of easement by necessity over plaint C schedule pathway
Evidence:
It is hereby declared that the plaintiff has right of easement by necessity over plaint C schedule pathway.
Relief Type: Permanent Prohibitory Injunction
Outcome: Granted
Description:
Defendants restrained from preventing plaintiff access to plaint A schedule through plaint C schedule
Evidence:
Defendants are restrained from preventing the plaintiff from having access to plaint A schedule through plaint C schedule way, from doing any act detrimental to the plaintiff's right of way by easement over plaint C schedule way and from obstructing the plaintiff's user of plaint C schedule way in any manner.
Relief Type: Costs
Outcome: Awarded
Description:
Defendants directed to pay costs of the suit to plaintiffs
Evidence:
Defendants are directed to pay costs of the suit to plaintiffs.

Documents & Evidence

Document Type: Partition Deed
Submitted By: Plaintiff
Relevance:
Certified copy of Partition deed no. 2257/1968 of SRO, Thripunithura
Reference:
Ext.A1
Document Type: Partition Deed
Submitted By: Plaintiff
Relevance:
Certified copy of Partition deed no. 2814/2001 of SRO, Thripunithura
Reference:
Ext.A2
Document Type: Land Tax Receipt
Submitted By: Plaintiff
Relevance:
Land Tax receipt
Reference:
Document Type: Photographs
Submitted By: Defendant
Relevance:
Photographs
Reference:
Ext.B1
Document Type: Compact Disc
Submitted By: Defendant
Relevance:
Photographs
Reference:
Ext.B1
Document Type: Commission Report
Submitted By: Court
Relevance:
Commission report in IA 2/2020
Reference:
Ext.C1
Document Type: Rough Sketch
Submitted By: Court
Relevance:
Rough Sketch
Reference:
Ext.C1(a)

Case Classification

Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between P A Sanoj et al vs P K Sreedharan et al regarding declaration of easement by necessity and prohibitory injunction
Case Code Year
Case between P A Sanoj et al vs P K Sreedharan et al regarding declaration of easement by necessity and prohibitory injunction

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Mon, 02/03/2020 - 12:00
Case Closed
Thu, 02/06/2025 - 12:00
From
Sat, 02/01/2025 - 12:00
To
Fri, 02/28/2025 - 12:00
Outcome Confidence
80%

Involved Entities

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