Case Summary
Sasikumar @ Shaju filed a suit for injunction against Surendran and others, claiming a prescriptive right of way through a path used for over 27 years. The defendants denied the existence of any such right and asserted exclusive ownership of the path.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The plaintiff established a long-standing right of way through continuous and open use, supported by historical documents.
The plaintiff established a long-standing right of way through continuous and open use, supported by historical documents.
Judgment Evidence:
In the result, the suit is decreed as follows: The defendants and all persons claiming under them are hereby permanently restrained by an order of injunction from in any manner obstructing or interfering with the plaintiff's peaceful and lawful use of the said C-Schedule pathway for ingress and egress to the plaint A-Schedule property.
Parties Involved
Plaintiffs
Sasikumar @ Shaju (49 years years)
Vathery House, Methala Kara, Asamannoor Village, Kunnathunadu Taluk
Defendants
Surendran (53 years years)
Thekkedathu House, Methala Kara, Asamannoor Village, Kunnathunadu Taluk
Vanaja (50 years years)
Thekkedathu House, Methala Kara, Asamannoor Village, Kunnathunadu Taluk
Yadhukrishnan (20 years years)
Thekkedathu House, Methala Kara, Asamannoor Village, Kunnathunadu Taluk
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
To restrain the defendants from obstructing the plaintiff's use of the C-Schedule pathway.
Evidence:
The defendants and all persons claiming under them are hereby permanently restrained by an order of injunction from in any manner obstructing or interfering with the plaintiff’s peaceful and lawful use of the said C-Schedule pathway for ingress and egress to the plaint A-Schedule property.
Relief Type:
Other
Outcome:
Not Decided
Description:
Direction regarding costs.
Evidence:
Hence the circumstances, it is just and proper that the parties bear their respective costs. Therefore no order as to costs.
Documents & Evidence
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
The document established the plaintiff's ownership of the property described in Schedule 'A'.
Reference:
Ext.A1
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
The document supports the plaintiff's claim of purchase of property described in Schedule 'A'.
Reference:
Ext.A2
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
The document further demonstrates the plaintiff's acquisition of property relevant to the suit.
Reference:
Ext.A3
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
The document outlined the historical context for the access path claimed by the plaintiff.
Reference:
Ext.A4
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
The document reinforces the claimed rights to the pathway as recognized in earlier partitions.
Reference:
Ext.A5
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
Historical deed further supporting property ownership linked to access rights.
Reference:
Ext.A6
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Serves as evidence of tax payments related to the plaintiff's property ownership.
Reference:
Ext.A7
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Another receipt illustrating tax payments, linked to the property in question.
Reference:
Ext.A8
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Acts as further evidence of property transactions related to the dispute.
Reference:
Ext.A9
Document Type:
Agreement
Submitted By:
Plaintiff
Relevance:
This document acknowledges the pathway's existence and widening, relevant to the case.
Reference:
Ext.A10
Document Type:
Commission Report
Submitted By:
Court
Relevance:
The report provides a formal assessment of the pathway's condition and use.
Reference:
Ext.C1
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Contains photographs documenting the state of the pathway.
Reference:
Ext.C2
Document Type:
Commission Report and Survey Map
Submitted By:
Court
Relevance:
This map visually represents the geographical context of the disputed pathway.
Reference:
Ext.C3
Document Type:
Oral Evidence
Submitted By:
Unknown
Relevance:
Oral testimonials from witnesses supporting the plaintiff's use of the pathway.
Reference: