Case Summary
The case involves a dispute over the right of way pertaining to a pathway used by Vijayan's family to access their property, which the defendants claim to obstruct. The defendants contend that the plaintiff has no legal entitlement to the pathway they have used for decades.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction against defendants from trespassing into plaint A schedule property.
Case Type
Civil Suit
Final Judgment
No
The court dismissed O.S. 793/2016 and ruled partly in favor of O.S. 906/2016, granting a permanent prohibitory injunction against the defendants from encroaching on the plaintiff's property.
Why Plaintiff Won:
The court found that the plaintiff established a right of way and has been using the pathway continuously and openly.
The court found that the plaintiff established a right of way and has been using the pathway continuously and openly.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The factual position ascertainable from the attending facts and circumstances as revealed from the rival pleadings in both the suits can be briefed as follows. Plaintiff in OS.793/2016 claims that he had obtained right of way through the pathway having a width of 6 links which is plaint B schedule property in OS.793/2016 which is clear from the title deeds of the property itself.
Judgment Evidence:
In the result, O.S. 793/2016 and counter-claim in O.S. 906/2016 are dismissed with costs and O.S. 906/2016 is decreed in part as follows: Defendants 1 to 3 in O.S. 906/2016 are restrained by way of an order of permanent prohibitory injunction from trespassing into plaint A schedule property and from causing any obstruction to the plaintiffs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Vijayan
- Party Age
- 57
- Relation
- S/o late Narayanan
- Party Role
- Defendant
- Party Name
- Omana N Mani
- Party Age
- 57
- Relation
- W/o late N Mani
- Party Role
- Defendant
- Party Name
- Vijayan
- Party Age
- 57
- Relation
- S/o late Narayanan
- Party Role
- Defendant
- Party Name
- Sivan
- Party Age
- 55
- Relation
- S/o late Narayanan
Plaintiffs Documents
Certified copy of Sale deed no 2224/58, Certified copy of Sale deed no 1188/00.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- A.T.Anil Kumar
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Kabil T Chandran
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Prasanna B.T
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Haseena K.U
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Krishob K Nair
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sabu Thozhupadan K
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- V.K.Kishor
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Devi P Prathapan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Anotny Varghese
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Defendants 1 to 3 in O.S. 906/2016 are restrained from trespassing into plaint A schedule property and from causing any obstruction to the plaintiffs.
Evidence:
Defendants 1 to 3 in O.S. 906/2016 are restrained by way of an order of permanent prohibitory injunction from trespassing into plaint A schedule property and from causing any obstruction to the plaintiffs and their men in constructing compound wall at the southern boundary.
Relief Type:
Costs
Outcome:
Granted
Description:
Plaintiffs in O.S. 906/2016 are entitled to realize the costs of the suit.
Evidence:
Plaintiffs in O.S. 906/2016 are also entitled to realize the costs of the suit.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Sale deed no 2322/65.
Reference:
Ext.A1
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Sale deed no 2224/58.
Reference:
Ext.A2
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Sale deed no 2181/91.
Reference:
Ext.A3
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Sale deed no 1188/00.
Reference:
Ext.A4
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Sale deed no 3729/02.
Reference:
Ext.A5
Document Type:
Letter
Submitted By:
Plaintiff
Relevance:
Letter issued by Viswabrahmana Samooham to Omana Mani.
Reference:
Ext.A6
Document Type:
Letter
Submitted By:
Plaintiff
Relevance:
Reply letter issued to the Viswabrahmana Samooham.
Reference:
Ext.A7
Document Type:
Letter
Submitted By:
Plaintiff
Relevance:
Letter issued by Viswabrahmana Samooham to Omana Mani.
Reference:
Ext.A8
Document Type:
Byelaw
Submitted By:
Plaintiff
Relevance:
Byelaw of Viswabrahmana Samooham.
Reference:
Ext.A9
Document Type:
Registration Certificate
Submitted By:
Plaintiff
Relevance:
Copy of Registration Certificate issued by Registrar of society, Ernakulam, Cochin.
Reference:
Ext.A10
Document Type:
Renewal Certificate
Submitted By:
Plaintiff
Relevance:
Photostat copy of renewal certificate.
Reference:
Ext.A11
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission Report filed by Adv. Remadevi K.
Reference:
Ext.C1
Document Type:
Rough Sketch
Submitted By:
Court
Relevance:
Rough sketch.
Reference:
Ext.C1(a)
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission Report filed by Adv. Albert Joseph Angamally.
Reference:
Ext.C2
Document Type:
Plan
Submitted By:
Court
Relevance:
Plan.
Reference:
Ext.C2(a)
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission Report filed by Adv. Midhun V.R.
Reference:
Ext.C3
Document Type:
Rough Sketch
Submitted By:
Court
Relevance:
Rough sketch.
Reference:
Ext.C3(a)
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Right of way obstruction
Case Code
Case between Vijayan vs Omana N Mani et al regarding Declaration and Injunction
Case Code Year
Case between Vijayan vs Omana N Mani et al regarding Declaration and Injunction