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ORIGINAL SUIT NO. 279 OF 2012

Case between Thankamani vs Kelancheri Ganesan et al regarding right of way

Court
Court of the Munsiff of Tirur
Judge
Smt. VINCY.T.V.
Order Date
2017-04-03
Duration
5 years
Case Closed
Mon, 04/03/2017 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

Plaintiff filed a suit seeking a declaration and perpetual injunction for a right of way dispute related to the plaintiff's property.

Judgment Outcome

Plaintiff Won
Interim Order
The court granted a declaration that the 2nd defendant has the right to use the road passing through the western side of the plaint schedule property. A permanent prohibitory injunction was issued against the first defendant to prevent any obstructions to the entrance of the plaint schedule property.
Judgment Favored
Plaintiff
Relief Granted
Declaration and Permanent Prohibitory Injunction
Case Type
Civil Suit - Declaration and Perpetual Injunction
Final Judgment
No
The court granted a declaration that the 2nd defendant has the right to use the road passing through the western side of the plaint schedule property. A permanent prohibitory injunction was issued against the first defendant to prevent any obstructions to the entrance of the plaint schedule property.
Why Plaintiff Won:
The plaintiff adduced cogent and reliable evidence to prove the ownership and the right to use the road on the western side of the property.
Losing Side's Weaknesses:
The plaintiff adduced cogent and reliable evidence to prove the ownership and the right to use the road on the western side of the property.
Supporting Evidence
Since the defendants opted to remain exparte, the evidence adduced by the plaintiff remained unchallenged. The plaintiff was examined as PW1 and documents Ext. A1 to A4 were marked on the side of the plaintiff.

Judgment Evidence:

It is hereby declared that the 2nd defendant has a right to use with vehicular access the road, which passes through the western side of the plaint schedule property. The first defendant and his men are restrained by a permanent prohibitory injunction from making any obstruction to the second defendant and his men, by constructing a wall or otherwise, so as to prevent the entry to the plaint schedule property through the point EF shown in the sketch attached to the plaint.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Thankamani
Party Age
45
Relation
W/o. Nanu, D/o. Koolethu Valappil Ayyappan
Party Role
Defendant
Party Name
Kelancheri Ganesan
Party Age
45
Relation
S/o. Velayuhdan Master
Party Role
Defendant
Party Name
Nanu
Party Age
42
Relation
S/o. Koru
Plaintiffs Documents
Assignment deed No. 547/1995, Assignment deed No. 544/1995, Assignment deed No. 1927/1928, Tax receipt
Defendants Documents
Not available

Advocates

Reliefs

Relief Type: Declaration
Outcome: Granted
Description:
Declare the 2nd defendant's right to use the road passing through the western side of the plaintiff's property.
Evidence:
Relief Type: Permanent Prohibitory Injunction
Outcome: Granted
Description:
Perpetual injunction restraining the defendants from obstructing the entrance to the plaintiff's property through the western road.
Evidence:
Relief Type: Cost of Suit
Outcome: Unknown
Description:
Realizing the cost of the suit from the defendants.
Evidence:

Documents & Evidence

Document Type: Assignment Deed
Submitted By: Plaintiff
Relevance:
Ownership transfer of the plaint schedule property.
Reference:
Ext.A1
Document Type: Assignment Deed
Submitted By: Plaintiff
Relevance:
Ownership transfer of the plaint schedule property.
Reference:
Ext.A2
Document Type: Assignment Deed
Submitted By: Plaintiff
Relevance:
Ownership transfer of the plaint schedule property.
Reference:
Ext.A3
Document Type: Tax receipt
Submitted By: Plaintiff
Relevance:
Related to the property.
Reference:
Ext.A4
Document Type: Commissioner Report
Submitted By: Court
Relevance:
Report regarding the property.
Reference:
C1
Document Type: Sketch
Submitted By: Court
Relevance:
Sketch of the property.
Reference:
C2

Case Classification

Case Type
Civil Suit - Declaration and Perpetual Injunction
Category
Injunction and Access Rights
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Property dispute
Case Code
Case between Thankamani vs Kelancheri Ganesan et al regarding right of way
Case Code Year
Case between Thankamani vs Kelancheri Ganesan et al regarding right of way

Quick Facts

Location
Tirur
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Case Filed
Sat, 03/31/2012 - 12:00
Case Closed
Mon, 04/03/2017 - 12:00
From
Sat, 04/01/2017 - 12:00
To
Sun, 04/30/2017 - 12:00
Outcome Confidence
100%

Involved Entities

Private Individual

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