Case Summary
This case involves plaintiffs Shyla and Sherly Rajendran seeking an injunction against defendants Rini Titus and Reshmi to prevent obstruction of a pathway they claim as their right of easement. The plaintiffs allege that they have used this pathway for over 50 years, while the defendants contest its existence.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Injunction
Final Judgment
No
The court dismissed the plaintiffs' petition for a temporary injunction against the defendants, determining that the plaintiffs did not sufficiently prove their claim of a right of easement.
Key Reasoning:
The court found that the pathway alleged by the plaintiffs does not exist according to the revenue records and that the plaintiffs had other means of access.
The court found that the pathway alleged by the plaintiffs does not exist according to the revenue records and that the plaintiffs had other means of access.
Why Defendant Won:
Not available
Not available
Supporting Evidence
The main contention raised by the respondent is that there is no way mentioned in the prior deed. It is a fabricated document created by the petitioner.
Judgment Evidence:
In the result, the petition is dismissed without costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Shyla
- Party Age
- 53
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Sherly Rajendran
- Party Age
- 58
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Rini Titus
- Party Age
- 34
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Reshmi
- Relation
- W/o
Plaintiffs Documents
Sale deed No. 205/2023, Gift deed No. 1298/85, Land tax receipt issued from Mangad Village Office.
Defendants Documents
Copy of injunction order of Prl. Munsiff court, Kollam, Copy of FIR No. 251/24 of Kilikolloor Police Station.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Mangad S. Prasanth
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Vinaya Chnadran V.
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Nazeer Kakkantayyam
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- K. P. Sajinath
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Injunction
Outcome:
Refused
Description:
Temporary injunction to restrain the 1st defendant from obstructing or altering the E schedule way.
Evidence:
In the result, the petition is dismissed without costs.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
This document establishes the plaintiffs' claim of a pathway used for over 50 years.
Reference:
Ext.A1
Document Type:
Gift Deed
Submitted By:
Plaintiff
Relevance:
This document was referenced to show prior ownership but did not confirm the pathway's existence.
Reference:
Ext.A2
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
This document serves as evidence of the plaintiffs' ownership of the property.
Reference:
Ext.A3
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
This document serves as evidence of the plaintiffs' ownership of the property.
Reference:
Ext.A4
Document Type:
Injunction Order
Submitted By:
Defendant
Relevance:
This document shows that a previous injunction was granted against the petitioners.
Reference:
Ext.B1
Document Type:
FIR
Submitted By:
Defendant
Relevance:
This report by the police indicates a case filed against the petitioners.
Reference:
Ext.B2
Document Type:
Commission Report
Submitted By:
Court
Relevance:
This is the court's exhibit that contains findings related to the E schedule property.
Reference:
Ext.C1
Case Classification
Case Type
Injunction
Category
Other Civil Cases
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Easement rights
Case Code
OS
Case Code Year
2024