Case Summary
The plaintiff, Saleem M.M, is seeking a declaration of easement by grant and a permanent prohibitory injunction against the defendants, N K Kurian and Lathika Kurian. The case revolves around the rights to use a road that the plaintiff claims based on an agreement with previous property owners.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Declaratory right of easement by grant over plaint schedule item No.2 way.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, granting them a declaratory right of easement over the disputed way. The defendants were restrained from obstructing the plaintiff's use of this way.
Why Plaintiff Won:
The plaintiff provided unchallenged evidence supporting his claim to the easement.
The plaintiff provided unchallenged evidence supporting his claim to the easement.
Losing Side's Weaknesses:
The plaintiff provided unchallenged evidence supporting his claim to the easement.
The plaintiff provided unchallenged evidence supporting his claim to the easement.
Supporting Evidence
I have meticulously gone through the evidence adduced from the side of plaintiff. From the unchallenged evidence I am satisfied that plaintiff is entitled to get a declaration and consequential injunction as prayed for.
Judgment Evidence:
In the result, suit is decreed with costs as follows: 1. Plaintiff is entitled for declaratory right of easement by grant over plaint schedule item No.2 way.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Saleem M.M
- Party Age
- 50
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- N K Kurian
- Party Age
- 53
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Lathika Kurian
- Party Age
- 48
- Relation
- W/o
Plaintiffs Documents
Certified copy of sale deed No.129/1/2024, Original agreement dated 01.08.2018.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Saju V Joseph
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Megha Reghu
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Declaration
Outcome:
Granted
Description:
Plaintiff is entitled for declaratory right of easement by grant over plaint schedule item No.2 way.
Evidence:
In the result, suit is decreed with costs as follows:- Plaintiff is entitled for declaratory right of easement by grant over plaint schedule item No.2 way.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Defendants are restrained by an order of permanent prohibitory injunction from trespassing into plaint schedule item No.2 way.
Evidence:
The defendants and their men are restrained by an order of permanent prohibitory injunction from trespassing into plaint schedule item No.2 way.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of sale deed No.129/1/24 of Kaduthuruthy, establishing the plaintiff's ownership of property.
Reference:
Ext.A1
Document Type:
Agreement
Submitted By:
Plaintiff
Relevance:
Original agreement dated 01.08.2018, which grants the plaintiff rights over the access road.
Reference:
Ext.A2
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report submitted by Adv. Commissioner Megha Reghu, identifying the plaint schedule properties.
Reference:
Ext.C1
Document Type:
Rough Sketch
Submitted By:
Court
Relevance:
Rough sketch prepared by Adv. Commissioner Megha Raghu, related to the commission report.
Reference:
Ext.C1(a)
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Vaikom
Common Reasons
Right of way obstruction
Case Code
Case between Saleem M.M vs N K Kurian et al regarding declaration of easement by grant and permanent prohibitory injunction.
Case Code Year
Case between Saleem M.M vs N K Kurian et al regarding declaration of easement by grant and permanent prohibitory injunction.