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
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.
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.
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