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O.S No. 993/2012

Case between Somasundaran Nair vs Mohanakumari, Neelakanda Pillai regarding declaration and permanent prohibitory injunction.

Court
COURT OF THE MUNSIFF, ERNAKULAM
Judge
Sri. Nanda Krishna M.
Order Date
2025-08-14
Duration
approximately-12 years 21 days
Case Closed
Thu, 08/14/2025 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

Somasundaran Nair is the plaintiff who seeks a declaration of right over a property and a permanent injunction against the defendants Mohanakumari and Neelakanda Pillai who prevented him from using a pathway. The case revolves around property rights and easements.

Judgment Outcome

Plaintiff Won
Interim Order
The plaintiff's right of easement was recognized, allowing him to use the pathways designated as B and C. The court prohibited the defendants from obstructing the plaintiff's access.
Judgment Favored
Plaintiff
Relief Granted
Declaration of right of easement for use of pathways B and C, and permanent injunction against obstruction.
Case Type
Civil Suit
Final Judgment
No
The plaintiff's right of easement was recognized, allowing him to use the pathways designated as B and C. The court prohibited the defendants from obstructing the plaintiff's access.
Why Plaintiff Won:
The plaintiff successfully demonstrated his right of easement by implied grant.
Losing Side's Weaknesses:
The plaintiff successfully demonstrated his right of easement by implied grant.
Supporting Evidence
The plaintiff is found to be having a right of easement by implied grant for use as a passage over the portions shown as B1 and B in Ext C3(a) sketch.

Judgment Evidence:

In the result, the suit is decreed in part as follows, Plaintiff is hereby declared to be entitled to use plaint B and C schedule properties depicted as B and B1 in Ext C3(a) sketch as a right of easement by implied grant for ingress and egress towards plaint A schedule property.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Somasundaran Nair
Party Age
56
Relation
S/o
Party Role
Defendant
Party Name
Mohanakumari
Party Age
54
Relation
D/o
Party Role
Defendant
Party Name
Neelakanda Pillai
Party Age
60
Relation
S/o
Plaintiffs Documents
Certified copy of the Sale deed no. 3662/12, Certified copy of the Exchange deed no. 5966/05, Agreement 30.03.07, Agreement 05.02.08, Certified copy of the Judgment in FAO(RO) no. 36/18.
Defendants Documents
Land Tax receipt bearing Tandapper no. 8288, True copy of the Survey sketch of Field no. 355 and 359, Property tax paid receipt bearing Tandapper no. 8288, Certified copy of the Exchange Deed no. 5966/05.

Advocates

Party Role
Plaintiff
Advocate Name
Dinesh R Shenoy
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Joseph George
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
M.K.Ravi
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Soumya T.S
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Abraham P George
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
M.K.Robin Raj
Appearance Type
Main Counsel

Reliefs

Relief Type: Declaration
Outcome: Granted
Description:
Plaintiff is hereby declared to be entitled to use plaint B and C schedule properties as a right of easement by implied grant.
Evidence:
the plaintiff is found to be having a right of easement by implied grant for use as a passage over the portions shown as B1 and B in Ext C3(a) sketch
Relief Type: Permanent Injunction
Outcome: Granted
Description:
Defendants are restrained from obstructing the plaintiff and his agents from using the plaint B and C schedule properties.
Evidence:
Defendants, their men, agents and anybody claiming under them are hereby restrained from obstructing the plaintiff

Documents & Evidence

Document Type: Sale deed
Submitted By: Plaintiff
Relevance:
Certified copy of the Sale deed by which the plaintiff purchased the property.
Reference:
Ext.A1
Document Type: Exchange Deed
Submitted By: Plaintiff
Relevance:
Certified copy of the Exchange deed affecting the title ownership of the property.
Reference:
Ext.A2
Document Type: Agreement
Submitted By: Plaintiff
Relevance:
Agreement subject to objection.
Reference:
Ext.A3
Document Type: Agreement
Submitted By: Plaintiff
Relevance:
Agreement subject to objection.
Reference:
Ext.A4
Document Type: Judgment
Submitted By: Plaintiff
Relevance:
Certified copy of the Judgment in FAO(RO) no. 36/18 of the Hon’ble High Court of Kerala.
Reference:
Ext.A5
Document Type: Land Tax Receipt
Submitted By: Defendant
Relevance:
Land Tax receipt issued by Manakunnam village.
Reference:
Ext.B1
Document Type: Survey Sketch
Submitted By: Defendant
Relevance:
True copy of the Survey sketch of Field no. 355 and 359 issued by Revenue Authority.
Reference:
Ext.B2
Document Type: Property Tax Receipt
Submitted By: Defendant
Relevance:
Property tax paid receipt issued by Manakunnam village office.
Reference:
Ext.B3
Document Type: Exchange Deed
Submitted By: Defendant
Relevance:
Certified copy of the Exchange Deed affecting the title ownership.
Reference:
Ext.B4
Document Type: Commission Report
Submitted By: Court
Relevance:
Commission Report filed by Adv. Mini K.A in IA 7633/12.
Reference:
Ext.C1
Document Type: Sketch
Submitted By: Court
Relevance:
Rough sketch related to the commission report.
Reference:
Ext.C1(a)
Document Type: Commission Report
Submitted By: Court
Relevance:
Commission Report filed by Mini K.A in IA 3473/14.
Reference:
Ext.C2
Document Type: Sketch
Submitted By: Court
Relevance:
Sketch prepared by Taluk Surveyor.
Reference:
Ext.C2(a)
Document Type: Commission Report
Submitted By: Court
Relevance:
Commission Report filed by Adv.Riyan Augustine Shaji in IA 2/23.
Reference:
Ext.C3
Document Type: Sketch
Submitted By: Court
Relevance:
Sketch prepared by Private Surveyor.
Reference:
Ext.C3(a)

Case Classification

Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between Somasundaran Nair vs Mohanakumari, Neelakanda Pillai regarding declaration and permanent prohibitory injunction.
Case Code Year
Case between Somasundaran Nair vs Mohanakumari, Neelakanda Pillai regarding declaration and permanent prohibitory injunction.

Quick Facts

Location
Ernakulam District
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Wed, 12/05/2012 - 12:00
Case Closed
Thu, 08/14/2025 - 12:00
From
Fri, 08/01/2025 - 12:00
To
Sun, 08/31/2025 - 12:00
Outcome Confidence
85%

Involved Entities

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