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O.S. No. 583/2014

Case between Pradeep Kumar et al vs Manoharan et al regarding permanent prohibitory injunction

Court
COURT OF MUNSIFF, ERNAKULAM
Judge
Smt. Needi.K.Dinamany
Order Date
2025-08-27
Duration
approximately-11 years 2 months
Case Closed
Wed, 08/27/2025 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

The plaintiffs, Pradeep Kumar and Praveen Kumar, are seeking a permanent prohibitory injunction against the defendants, Manoharan and others, regarding the use of a pathway. The case concerns the right of easement by prescription claimed by the plaintiffs over a strip of land.

Judgment Outcome

Defendant Won
Interim Order
The suit is dismissed as the plaintiffs failed to establish their right of easement by prescription. The court found in favor of the defendants regarding the counterclaim, asserting that the plaintiffs are required to reconstruct a demolished portion of the boundary wall.
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The suit is dismissed as the plaintiffs failed to establish their right of easement by prescription. The court found in favor of the defendants regarding the counterclaim, asserting that the plaintiffs are required to reconstruct a demolished portion of the boundary wall.
Key Reasoning:
The plaintiffs did not prove continuous and uninterrupted use of the pathway as claimed for twenty years as of right.
Why Defendant Won:
The plaintiffs did not prove continuous and uninterrupted use of the pathway as claimed for twenty years as of right.
Supporting Evidence
The court concluded that the plaintiffs failed to demonstrate their right of easement by prescription over the disputed property within the required timeframe and under the necessary conditions.

Judgment Evidence:

In the result, 1) Suit is dismissed. 2) Plaintiffs are directed to pay cost of the suit to defendants. 3) Counter claim is dismissed. 4) Defendants are directed to pay costs to plaintiffs.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Pradeep Kumar
Party Age
43
Relation
S/o Late Surendran
Party Role
Plaintiff
Party Name
Praveen Kumar
Party Age
41
Relation
S/o Late Surendran
Party Role
Defendant
Party Name
Manoharan
Party Age
64
Relation
S/o Appunni
Party Role
Defendant
Party Name
Menaka
Party Age
60
Relation
W/o late Manoharan
Party Role
Defendant
Party Name
Vijayakumari
Party Age
44
Relation
D/o late Manoharan
Party Role
Defendant
Party Name
Jayakumar
Party Age
40
Relation
S/o late Manoharan
Party Role
Defendant
Party Name
Rajesh
Party Age
38
Relation
S/o late Manoharan
Plaintiffs Documents
Will No. 114/2013, Settlement Deed No. 3444/2003, Partition Deed No. 6476/1979, Sale Deed No. 7245/1994
Defendants Documents
Sale Deed No. 1239/1973, Sale Deed No. 3478/1988

Advocates

Party Role
Plaintiff
Advocate Name
K R Vinod
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
A Balagopalan
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Rajagopalan A
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
R Rajesh
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
M N Manmadhan
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Karthika S Varma
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Viswanath Salish
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Bincy Thomas
Appearance Type
Main Counsel

Reliefs

Relief Type: Permanent Injunction
Outcome: Refused
Description:
Plaintiffs sought a permanent prohibitory injunction against the defendant to prevent obstruction of their use of the C schedule pathway.
Evidence:
Court found that plaintiffs failed to establish their right of easement by prescription.
Relief Type: Mandatory Injunction
Outcome: Refused
Description:
Defendants sought a mandatory injunction directing plaintiffs to reconstruct the demolished portion of the compound wall.
Evidence:
Court found that the defendants failed to prove the necessity for the injunction as claimed.

Documents & Evidence

Document Type: Will
Submitted By: Plaintiff
Relevance:
This document establishes the 1st plaintiff's ownership of the property through a will executed by their deceased father.
Reference:
Ext.A1
Document Type: Settlement Deed
Submitted By: Plaintiff
Relevance:
This document establishes the 2nd plaintiff's ownership of the property through a settlement deed executed by their deceased father.
Reference:
Ext.A2
Document Type: Partition Deed
Submitted By: Plaintiff
Relevance:
This document provides evidence of the original ownership and partition of the properties between family members.
Reference:
Ext.A3
Document Type: Sale deed
Submitted By: Plaintiff
Relevance:
This document supports the claim regarding the transfer of a portion of land and retention of rights over the pathway.
Reference:
Ext.A4
Document Type: Photograph
Submitted By: Plaintiff
Relevance:
This document is evidence of the obstruction caused by the defendant.
Reference:
Ext.A5
Document Type: Photograph
Submitted By: Plaintiff
Relevance:
This document is evidence of the obstruction caused by the defendant.
Reference:
Ext.A6
Document Type: Photograph
Submitted By: Plaintiff
Relevance:
This document is evidence of the obstruction caused by the defendant.
Reference:
Ext.A7
Document Type: Sale deed
Submitted By: Defendant
Relevance:
This document establishes the 1st defendant's ownership of property adjacent to the plaintiff's land.
Reference:
Ext.B1
Document Type: Sale deed
Submitted By: Defendant
Relevance:
This document supports the 1st defendant's claim regarding ownership and access to the pathway.
Reference:
Ext.B2
Document Type: Commission Report
Submitted By: Court
Relevance:
This document provides findings related to the boundary and access issues between the properties.
Reference:
Ext.C1
Document Type: Rough Sketch
Submitted By: Court
Relevance:
This document illustrates the layout related to the properties in dispute.
Reference:
Ext.C1(a)
Document Type: Signature of the Notice
Submitted By: Court
Relevance:
This document is part of the procedural records regarding the commission.
Reference:
Ext.C1(b)
Document Type: Commission Report
Submitted By: Court
Relevance:
This document provides further findings regarding the property dispute.
Reference:
Ext.C2
Document Type: Sketch
Submitted By: Court
Relevance:
This document illustrates the layout related to the properties in dispute.
Reference:
Ext.C2(a)
Document Type: Oral Evidence
Submitted By: Unknown
Relevance:
Oral testimonies were presented by various witnesses to support the claims.
Reference:

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 Pradeep Kumar et al vs Manoharan et al regarding permanent prohibitory injunction
Case Code Year
Case between Pradeep Kumar et al vs Manoharan et al regarding permanent prohibitory injunction

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Wed, 01/01/2014 - 12:00
Case Closed
Wed, 08/27/2025 - 12:00
From
Fri, 08/01/2025 - 12:00
To
Sun, 08/31/2025 - 12:00
Outcome Confidence
85%

Involved Entities

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