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OS. No. 402/2019

Case between Somarajan. P vs Remani et al regarding declaration of easement by grant and injunction.

Court
COURT OF THE MUNSIFF, KOLLAM
Judge
Smt. Ragi.S.
Order Date
2025-11-26
Duration
approximately-6 years 9 months
Case Closed
Wed, 11/26/2025 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

Somarajan. P filed a suit against Remani and others for declaration of easement by grant and mandatory injunction. The dispute arose when the defendants blocked the plaintiff’s access to his property by constructing a wall.

Judgment Outcome

Plaintiff Won
Interim Order
The suit was decreed in part, granting the plaintiff rights of easement over the C schedule pathway and permanently restraining the defendants from obstructing its use.
Judgment Favored
Plaintiff
Relief Granted
Plaintiff has right of easement by grant over the plaint C schedule pathway and the defendants are restrained from making obstructions.
Case Type
Civil Suit
Final Judgment
No
The suit was decreed in part, granting the plaintiff rights of easement over the C schedule pathway and permanently restraining the defendants from obstructing its use.
Why Plaintiff Won:
The plaintiff proved his right of way over the C schedule pathway, which was obstructed by the defendants.
Losing Side's Weaknesses:
The plaintiff proved his right of way over the C schedule pathway, which was obstructed by the defendants.
Supporting Evidence
The evidence of PW1 coupled with Ext. A1 would prove the right of the plaintiff over the A schedule property and the C schedule way.

Judgment Evidence:

In the result, suit is decreed in part as follows: 1. It is declared that the plaintiff has right of easement by grant over the plaint C schedule pathway.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Somarajan. P
Party Age
75
Relation
S/o
Party Role
Defendant
Party Name
Remani
Party Age
58
Relation
W/o
Party Role
Defendant
Party Name
Binu
Party Age
39
Relation
S/o
Party Role
Defendant
Party Name
Dileesh Raj
Party Age
37
Relation
S/o
Party Role
Defendant
Party Name
Dinesh Raj
Party Age
32
Relation
S/o
Plaintiffs Documents
Partition deed No. 919/1980.
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
R. Geetha
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
V. Sugathan
Appearance Type
Main Counsel

Reliefs

Relief Type: Declaration
Outcome: Granted
Description:
It is declared that the plaintiff has right of easement by grant over the plaint C schedule pathway.
Evidence:
In the result, suit is decreed in part as follows: It is declared that the plaintiff has right of easement by grant over the plaint C schedule pathway.
Relief Type: Permanent Injunction
Outcome: Granted
Description:
The defendants and their men are permanently restrained from making any obstructions to use and enjoyment of the plaint C schedule way by the plaintiff and his men.
Evidence:
It is declared that the plaintiff has right of easement by grant over the plaint C schedule pathway.
Relief Type: Other
Outcome: Granted
Description:
Plaintiff is also entitled to realise the costs of the suit from the defendants.
Evidence:
Plaintiff is also entitled to realise the costs of the suit from the defendants.

Documents & Evidence

Document Type: Partition Deed
Submitted By: Plaintiff
Relevance:
Certified copy of Partition Deed No. 919/1980 shows that the plaintiff is the owner in possession of plaint A schedule property and he obtained a right of way over the plaint C schedule.
Reference:
Ext.A1

Case Classification

Case Type
Civil Suit
Category
Other Civil Cases
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Case Code
Case between Somarajan. P vs Remani et al regarding declaration of easement by grant and injunction.
Case Code Year
Case between Somarajan. P vs Remani et al regarding declaration of easement by grant and injunction.

Quick Facts

Location
Kollam
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Case Filed
Tue, 01/01/2019 - 12:00
Case Closed
Wed, 11/26/2025 - 12:00
From
Sat, 11/01/2025 - 12:00
To
Wed, 12/31/2025 - 12:00
Outcome Confidence
90%

Involved Entities

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