Case Summary
The plaintiffs, Vipin and others, claim ownership of a pathway for access to their properties against the defendants, Baby C.M and others, who are allegedly infringing on this right. The court determined that the plaintiffs have exclusive rights to the pathway.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction restraining the defendants from using the plaint schedule pathway.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The court found that the plaintiffs are the absolute owners of the pathway purchased for their exclusive use.
The court found that the plaintiffs are the absolute owners of the pathway purchased for their exclusive use.
Judgment Evidence:
In the result, the suit is decreed by a declaration that the defendants, their men and agents are not entitled to use plaint schedule pathway for ingress and egress to plaint A schedule property.
Parties Involved
Plaintiffs
Vipin (38 years years)
Poonattu house, Mulamthuruthi P.O, Mulanthuruthi village, Kanayannur taluk – 682 314
Sathyapalan (52 years years)
Thekkumkattil house, Mulamthuruthi P.O,Mulanthuruthi village, Kanayannur taluk – 682 314
Joy (66 years years)
Edayakkal house, Mulanthuruthi P.O,Mulanthuruthi village, Kanayannur taluk – 682 314
Ammini Joy (61 years years)
Edayakkal House, Mulamthuruthi P.O, Mulanthuruthi village, Kanayannur taluk – 682 314
Rajesh P.D (41 years years)
Pareparambil house, Mulamthuruthi P.O, Mulanthuruthi village, Kanayannur taluk – 682 314
Defendants
Baby C.M (63 years years)
Cherackal House, Mulamthuruthi P.O, Mulanthuruthi village, Kanayannur taluk – 682 314
Elson (38 years years)
Cherakkal house, Mulanthuruthy P.O, Mulamthruthy village, Mulanthuruthy – 682 314
Reliefs
Relief Type:
Declaration
Outcome:
Granted
Description:
Declaration that the defendants, their men and agents are not entitled to use plaint schedule pathway for ingress and egress to plaint A schedule property.
Evidence:
The suit is decreed by a declaration that the defendants, their men and agents are not entitled to use plaint schedule pathway for ingress and egress to plaint A schedule property.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Permanent prohibitory injunction restraining the defendants, their men and agents from using plaint schedule pathway for ingress and egress to plaint A schedule property.
Evidence:
The suit is decreed by a permanent prohibitory injunction restraining the defendants, their men and agents from using plaint schedule pathway for ingress and egress to plaint A schedule property.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
These sale deeds establish the plaintiffs' ownership and rights over the properties and the plaint schedule pathway.
Reference:
Ext.A1, Ext.A2, Ext.A3, Ext.A4, Ext.A5, Ext.A6, Ext.A7
Document Type:
Commission Report
Submitted By:
Court
Relevance:
This document contains findings related to the commission appointed by the court, which support the plaintiffs' claims.
Reference:
Ext.C1
Document Type:
Rough Sketch
Submitted By:
Court
Relevance:
The rough sketch illustrates the layout of the plaint schedule pathway relevant to the case.
Reference:
Ext.C1(a)