Case Summary
The case involves Reema Jose seeking a declaration of her right to use a property for access to her land from her brother, Robin Thomas. The plaintiff claims that the defendant has threatened to block her access, prompting this legal action.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction against the defendant from obstructing the plaintiff's use of the property.
Case Type
Civil Suit
Final Judgment
No
The court declared the plaintiff's right to use a property as a means for ingress and egress to her land and issued a permanent prohibitory injunction against the defendant to prevent obstructions.
Why Plaintiff Won:
The plaintiff established her right of easement of necessity over the property needed for access.
The plaintiff established her right of easement of necessity over the property needed for access.
Losing Side's Weaknesses:
The plaintiff established her right of easement of necessity over the property needed for access.
The plaintiff established her right of easement of necessity over the property needed for access.
Supporting Evidence
The plaintiff has thus established her right of easement of necessity over plaint C schedule property and proved her case beyond preponderance of probabilities which enables her to get a declaration of her right over plaint C schedule property for using it as an ingress and egress to her plaint A schedule property.
Judgment Evidence:
In the result, suit is decreed with costs as follows: i.The plaintiff is entitled to get a declaration that she has the right to use the plaint C schedule property as a way for ingress and egress to the plaint A schedule property for its beneficial enjoyment in all lawful means.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Reema Jose
- Party Age
- 49
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Robin Thomas
- Party Age
- 50
- Relation
- S/o
Plaintiffs Documents
Certified copy of Settlement Deed No.3655/2019, Tax receipt.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Thomas M. Jacob
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Akhil K. Madhav
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Prasanth V.
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- P.N. Joshi
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Santhi K.S.
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Latha Susan Cherian
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Declaration
Outcome:
Granted
Description:
Plaintiff is granted a declaration to use plaint C schedule property for ingress and egress to plaint A schedule property.
Evidence:
Hence the plaintiff is entitled to get a declaration that she has the right to use the plaint C schedule property as a way for ingress and egress to the plaint A schedule property for its beneficial enjoyment in all lawful means.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Permanent prohibitory injunction granted to restrain the defendant from obstructing the plaintiff's use of plaint C schedule property.
Evidence:
The defendant and his men are restrained by way of permanent prohibitory injunction from doing anything so as to defeat the right of the plaintiff over plaint C schedule property and from obstructing the plaintiff in his peaceful possession and use of plaint C schedule property.
Documents & Evidence
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Settlement Deed No.3655/2019 establishing plaintiff's ownership of the property.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Tax receipt dated 18.06.2020 supporting plaintiff's possession of the property.
Reference:
Ext.A2
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Settlement Deed No.3674/1999 related to the defendant's ownership.
Reference:
Ext.A3
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Partition deed No.2955/1989 establishing the family background of property ownership.
Reference:
Ext.A4
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission Report dated 09.09.2020 confirming the existence of the plaint C schedule property.
Reference:
Ext.C1
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 Reema Jose vs Robin Thomas regarding permanent prohibitory injunction and consequential reliefs
Case Code Year
Case between Reema Jose vs Robin Thomas regarding permanent prohibitory injunction and consequential reliefs