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OS No. 169/20

Case between Remani et al vs Manoharan regarding declaration of easement by grant and for permanent prohibitory injunction

Court
Court of the Munsiff, Vaikom
Judge
Kum. Abhinimol Rajendran
Order Date
2025-01-09
Duration
approximately-1 year 26 days
Case Closed
Thu, 01/09/2025 - 12:00

Judgement document from eCourt website

Judgment Document
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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

Plaintiff Won
Interim Order
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.
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.
Losing Side's Weaknesses:
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

Quick Facts

Location
Vaikom Taluk
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Vaikom
Case Filed
Wed, 01/01/2020 - 12:00
Case Closed
Thu, 01/09/2025 - 12:00
From
Wed, 01/01/2025 - 12:00
To
Fri, 02/28/2025 - 12:00
Outcome Confidence
95%

Involved Entities

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