Skip to main content
Niyamam AI Niyamam AI

Main navigation

  • Home
  • Lawyer Login
  • Lawyer Registration
  • About us
  • Contact
ORIGINAL SUIT NO 9/2024

Case between VAZHAYIL KUMARAN vs CHERUPEEDIKAYIL AJMAL et al regarding declaration and injunction

Court
COURT OF THE MUNSIFF, NADAPURAM
Judge
Sri. Yadukrishnan. B
Order Date
2025-11-17
Duration
Case Closed

Judgement document from eCourt website

Judgment Document
Save Case Find Similar Cases

Case Summary

The plaintiff, VAZHAYIL KUMARAN, seeks a declaration of his right to vehicular access through the property of the defendants, CHERUPEEDIKAYIL AJMAL and CHERUPEEDIKAYIL AZEEZ. The plaintiff claims he has an easement right due to an oral agreement with a former owner.

Judgment Outcome

Defendant Won
Interim Order
The court dismissed the plaintiff's suit for declaration and injunction. It found that the plaintiff did not establish his claim to the easement sought.
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court dismissed the plaintiff's suit for declaration and injunction. It found that the plaintiff did not establish his claim to the easement sought.
Key Reasoning:
The court found that the plaintiff failed to prove the existence of an easement by grant or any right to the pathway as claimed.
Why Defendant Won:
Not available
Supporting Evidence
The primary burden is always upon the plaintiff to establish the right of easement by grant which he has failed to establish.

Judgment Evidence:

In the result, the suit is dismissed with costs.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
VAZHAYIL KUMARAN
Party Age
79
Relation
S/o
Party Role
Defendant
Party Name
CHERUPEEDIKAYIL AJMAL
Party Age
32
Relation
S/o
Party Role
Defendant
Party Name
CHERUPEEDIKAYIL AZEEZ
Party Age
70
Relation
S/o
Plaintiffs Documents
Certificate of Registration of vehicle bearing number KL-18F-3331, Basic Tax receipt issued by Village Office, Nadapuram, Photocopy of medical prescription of Aster Mims Hospital, Relevant page of diary.
Defendants Documents
Certified copy of Assignment Deed No. 1680/2022 of SRO, Nadapuram, Certified copy of Assignment Deed No. 1755/2022 of SRO, Nadapuram.

Advocates

Party Role
Plaintiff
Advocate Name
Sri. K. K. Krishna Kumar
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Sri. Akhilesh. P. T
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Smt. Vandana Venugopalan
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Sri. C. Subramanyian
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Sri. P. Anoop
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Sri. P. M. Previn
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Sri. Abdul Raoof. V. P
Appearance Type
Main Counsel

Reliefs

Relief Type: Declaration
Outcome: Refused
Description:
Plaintiff's request for a declaration of right of user upon the C schedule property.
Evidence:
Therefore, the easement right over plaint C schedule pathway is not established.
Relief Type: Permanent Injunction
Outcome: Refused
Description:
Request for a permanent prohibitory injunction against the defendants.
Evidence:
Therefore, the plaintiff cannot seek a relief of permanent prohibitory and mandatory injunction from this court.
Relief Type: Mandatory Injunction
Outcome: Refused
Description:
Plaintiff sought a mandatory injunction to ensure continued access via the C schedule property.
Evidence:
Therefore, the plaintiff cannot seek a relief of permanent prohibitory and mandatory injunction from this court.

Documents & Evidence

Document Type: Certificate of Registration
Submitted By: Plaintiff
Relevance:
Proves that the plaintiff owns a Toyota Innova car.
Reference:
Ext.A1
Document Type: Land Tax Receipt
Submitted By: Plaintiff
Relevance:
Establishes ownership and tax payment for the plaint A schedule property.
Reference:
Ext.A2
Document Type: Medical prescription
Submitted By: Plaintiff
Relevance:
Demonstrates plaintiff's health condition necessitating vehicular access.
Reference:
Ext.A3
Document Type: Diary Entry
Submitted By: Plaintiff
Relevance:
Records the payments made for the easement right to Mr. Haneefa Thangal.
Reference:
Ext.A4
Document Type: Photographs
Submitted By: Plaintiff
Relevance:
Shows the condition and existence of the C schedule property.
Reference:
Ext.A5
Document Type: Affidavit
Submitted By: Plaintiff
Relevance:
Affirms the easement right claimed by the plaintiff.
Reference:
Ext.A7
Document Type: Affidavit
Submitted By: Plaintiff
Relevance:
Serves as testimony regarding the use of the C schedule property.
Reference:
Ext.A8
Document Type: Assignment Deed
Submitted By: Plaintiff
Relevance:
Confirms plaintiff's ownership of the plaint A schedule property.
Reference:
Ext.A9
Document Type: Assignment Deed
Submitted By: Defendant
Relevance:
Documents defendant's ownership of plaint B schedule property.
Reference:
Ext.B1
Document Type: Assignment Deed
Submitted By: Defendant
Relevance:
Further confirms details of property transaction for the plaint B schedule.
Reference:
Ext.B2
Document Type: Commission Report
Submitted By: Court
Relevance:
Reports on the existence of the C schedule property and its dimensions.
Reference:
Ext.C1
Document Type: Commission Plan
Submitted By: Court
Relevance:
Visual representation of the C schedule property as per the commissioner's findings.
Reference:
Ext.C1(a)
Document Type: Commission Report
Submitted By: Court
Relevance:
Includes additional photographs relevant to the case.
Reference:
Ext.C2
Document Type: Commission Report
Submitted By: Court
Relevance:
Provides further evidence about the obstruction on the C schedule property.
Reference:
Ext.C3
Document Type: Commission Plan
Submitted By: Court
Relevance:
Illustrates the layout and condition of the C schedule property.
Reference:
Ext.C3(a)

Case Classification

Case Type
Civil Suit
Category
Property and Possession Disputes
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court, Nadapuram
Common Reasons
Unauthorized occupation
Case Code
Case between VAZHAYIL KUMARAN vs CHERUPEEDIKAYIL AJMAL et al regarding declaration and injunction
Case Code Year
Case between VAZHAYIL KUMARAN vs CHERUPEEDIKAYIL AJMAL et al regarding declaration and injunction

Quick Facts

Location
Nadapuram, Kerala
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court, Nadapuram
Case Filed
Case Closed
From
Mon, 09/01/2025 - 12:00
To
Wed, 12/31/2025 - 12:00
Outcome Confidence
90%

Involved Entities

Private Individual

Similar Cases

Case between Shibu vs R. Rajagopalakrishnan et al regarding permanent prohibitory injunction.
Court of Additional Munsiff - II, Kozhikode
Civil Suit Defendant Won
Case between Anil. E. P vs Samastha Kerala Jam-Iyyathul Muallimeen Central Council regarding permanent prohibitory injunction
Additional Munsiff-II, Kozhikode
Civil Suit Plaintiff Won
Case between Lakshmikutty Amma et al vs Kozhikode City Service Co-operative Bank et al regarding declaration and permanent prohibitory injunction.
COURT OF ADDITIONAL MUNSIFF -II, KOZHIKODE
Civil Suit Plaintiff Won
Case between Hathikka KV vs Nisha regarding mandatory injunction and compensation.
THE PRINCIPAL MUNSIFF – I, KOZHIKODE
Civil Suit Plaintiff Won
Case between Thottathil Pachukutty et al vs Thottathil Sulochana et al regarding recovery of possession of immovable property and mandatory injunction.
COURT OF THE ADDITIONAL MUNSIFF-I, KOZHIKODE
Civil Suit Plaintiff Won