Case Summary
This case involves the plaintiffs, who are siblings from the Hindu Ezhava Community, seeking a declaration of their right of easement over a pathway against the defendant. The plaintiffs allege that the defendant has been obstructing their access to this pathway.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Declaration of right of easement by grant over item No.3 property along item No.5 pathway and permanent prohibitory injunction against the defendant.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiffs, declaring their right of easement over the pathway and issuing a permanent prohibitory injunction against the defendant.
Why Plaintiff Won:
The plaintiffs provided unchallenged evidence supporting their claim to the easement.
The plaintiffs provided unchallenged evidence supporting their claim to the easement.
Losing Side's Weaknesses:
The plaintiffs provided unchallenged evidence supporting their claim to the easement.
The plaintiffs provided unchallenged evidence supporting their claim to the easement.
Supporting Evidence
From the unchallenged evidence it can be seen that plaintiffs are entitled to get an injunction as prayed for.
Judgment Evidence:
In the result, suit is decreed with costs as follows:- a.It is hereby declared that plaintiffs were entitled for a declaration of their right of easement by grant over item No.3 property along item No.5 pathway.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Remani
- Party Age
- 64
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Rajan
- Party Age
- 62
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Chandramathi
- Party Age
- 60
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Sobhana
- Party Age
- 58
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Leela
- Party Age
- 56
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Manoharan
- Party Age
- 60
- Relation
- S/o
Plaintiffs Documents
Attested copy of Kudikidappu pattayam No.1317 Ref.No. OA 533/71, Land Tax receipt No.KL 05051702735/2020, Certified copy of sale deed No. 2065/1/1996.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- P.S.Renjith
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Surya.G
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Shinu.V
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Declaration
Outcome:
Granted
Description:
Declaration of the plaintiffs' right of easement by grant over item No.3 property along item No.5 pathway.
Evidence:
It is hereby declared that plaintiffs were entitled for a declaration of their right of easement by grant over item No.3 property along item No.5 pathway.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Permanent prohibitory injunction preventing the defendants from closing down item No.5 and causing obstruction.
Evidence:
The defendants and their men are directed by an order of permanent prohibitory injunction from closing down item No.5, change its lie and nature, causing obstruction to the passage over item No.5.
Relief Type:
Other
Outcome:
Granted
Description:
Permission for the plaintiffs to carry out maintenance work on item No.5.
Evidence:
Plaintiffs are allowed to do maintenance work in respect of item No.5.
Documents & Evidence
Document Type:
Kudikidappu pattayam
Submitted By:
Plaintiff
Relevance:
Photocopy of the Kudikidappu pattayam verified with original to prove the plaintiffs' easement rights.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Tax receipt to substantiate the ownership of the property.
Reference:
Ext.A2
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of the sale deed to demonstrate ownership of the property.
Reference:
Ext.A3
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Survey commission report submitted by the advocate commissioner identifying the plaint schedule properties.
Reference:
Ext.C1
Document Type:
Survey Plan
Submitted By:
Court
Relevance:
Survey plan prepared by the surveyor attached with the commission report.
Reference:
Ext.C1(a)
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Vaikom
Common Reasons
Right of way obstruction
Case Code
Case between Remani et al vs Manoharan regarding declaration of easement by grant and for permanent prohibitory injunction
Case Code Year
Case between Remani et al vs Manoharan regarding declaration of easement by grant and for permanent prohibitory injunction