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OS 88/2024

Case between Shyla et al vs Rini Titus et al regarding injunction

Court
THE ADDITIONAL MUNSIFF, KOLLAM.
Judge
Smt. Sofia.T.A
Order Date
2025-05-30
Duration
Case Code No.
88
Case Closed

Judgement document from eCourt website

Judgment Document
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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

Defendant Won
Interim Order
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.
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.
Why Defendant Won:
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

Quick Facts

Location
Kollam
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Case Filed
Case Closed
From
Thu, 05/01/2025 - 12:00
To
Mon, 06/30/2025 - 12:00
Outcome Confidence
80%

Involved Entities

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