Case Summary
The plaintiffs, who are brothers, are seeking an injunction against their uncle, the defendant, regarding access to a well on the defendant's property. The plaintiffs claim an easementary right to draw water from the well, which they assert was granted in a partition deed.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Injunction
Final Judgment
No
Key Reasoning:
The plaintiffs failed to prove the present existence of the well and their claim of easementary right.
The plaintiffs failed to prove the present existence of the well and their claim of easementary right.
Judgment Evidence:
In the result, the suit is dismissed. No costs.
Parties Involved
Plaintiffs
Thomas (57 years years)
Kalamparanbil House, Iringole Kara, Perumbavoor Village, Kunnathunadu Taluk
Gracy Sunny (55 years years)
Kalayil House, Kuruppampady Kara
Jose (53 years years)
Kalamparanbil House, Iringole Kara, Perumbavoor Village, Kunnathunadu Taluk
James (51 years years)
Kalamparanbil House, Iringole Kara, Perumbavoor Village, Kunnathunadu Taluk
Mercy Sojan (49 years years)
Illathukudy House, Oonnukal Kara, Kavalangadu Village, Kothamangalam Taluk
Defendants
K T Pathrose (68 years years)
Kalamparambil House, Iringole Kara, Perumbavoor Village, Kunnathunadu Taluk
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Refused
Description:
The plaintiffs sought a decree of permanent prohibitory injunction restraining the defendant from obstructing their alleged right to draw water from a well.
Evidence:
The plaintiffs have therefore failed to establish the very foundation of their claim.
Documents & Evidence
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
This document is the partition deed under which the plaintiffs claim their right to draw water from the well situated on the defendant's property.
Reference:
Ext.A1
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
This document supports the plaintiffs' claim related to the property.
Reference:
Ext.A2
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
This document supports the plaintiffs' claim related to the property.
Reference:
Ext.A3
Document Type:
Caveat Petition
Submitted By:
Plaintiff
Relevance:
This document is relevant to the proceedings of the suit.
Reference:
Ext.A4