Case Summary
The plaintiffs, Abdul Jaleel and others, are asserting their right of way through a pathway on the defendants' property. The defendants, Sugathan and Naveen S, dispute the width and existence of this pathway, claiming various agreements and historical alterations.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiffs are declared entitled to use and enjoy the plaint D schedule pathway and the defendants are restrained from obstructing that access.
Case Type
Civil Suit
Final Judgment
No
The court found in favor of the plaintiffs, affirming their right to use the pathway. The defendants are prohibited from obstructing this right.
Why Plaintiff Won:
The plaintiffs successfully proved their continuous and uninterrupted use of the pathway for over 20 years.
The plaintiffs successfully proved their continuous and uninterrupted use of the pathway for over 20 years.
Losing Side's Weaknesses:
The plaintiffs successfully proved their continuous and uninterrupted use of the pathway for over 20 years.
The plaintiffs successfully proved their continuous and uninterrupted use of the pathway for over 20 years.
Supporting Evidence
The plaintiffs have to the satisfaction of this court has pleaded and proved the ingredients for establishing a right of easement by prescription. The use was open, independent, without interruption and as of right.
Judgment Evidence:
In the result, the suit is decreed as follows. Plaintiffs are hereby declared to be entitled to use and enjoy plaint D schedule pathway for ingress and egress of Plaint A, B and C schedule properties.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Abdul Jaleel
- Party Age
- 64
- Relation
- S/o late Abdul Khader
- Party Role
- Plaintiff
- Party Name
- Ajmal Sheriff
- Party Age
- 39
- Relation
- S/o late Muhammed Sheriff
- Party Role
- Plaintiff
- Party Name
- Ashmina Ansar
- Party Age
- 36
- Relation
- D/o late Muhammed Sheriff
- Party Role
- Defendant
- Party Name
- Sugathan
- Party Age
- 71
- Relation
- S/o late Chettiparambil Narayanan
- Party Role
- Defendant
- Party Name
- Naveen S
- Party Age
- 40
- Relation
- S/o Sugathan
Plaintiffs Documents
Power of Attorney executed by Ashmina Ansar, Power of Attorney executed by Ajmal Sheriff, Certified copy of the Gift deed no. 822/57 of Edappally SRO, Certified copy of partition deed no. 6225/93 of Edappally SRO, Tax receipt issued by Thrikkakkara North village in favour of Ashmina Ansar, Certified copy of the partition deed no. 4222/13 of Edappally SRO, Tax receipt issued by Thrikkakkara North village in favour of Abdul Jaleel, Tax receipt issued by Thrikkakkara north village in favour of Ajmal Sheriff.
Defendants Documents
Certified copy of the filed map of field no. 72, Block no.5 of Thrikkakkara north village office, Sketch prepared by Thrikkakkara North village of the plaint schedule property (Subject to proof), Certified copy of the Gift deed no. 822/57 of Edappally SRO.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Jijo Thomas
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- M.D.Beena
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Aneesh James
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- M.S.Unnikrishnan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- K.Sunil
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Declaration
Outcome:
Granted
Description:
Plaintiffs are declared to be entitled to use and enjoy plaint D schedule pathway.
Evidence:
Plaintiffs are hereby declared to be entitled to use and enjoy plaint D schedule pathway for ingress and egress of Plaint A, B and C schedule properties.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Defendants are restrained from obstructing the plaintiffs' access to the D schedule pathway.
Evidence:
Defendants, their men and agents are hereby restrained by way of a permanent prohibitory injunction from causing any manner of obstruction or interfering with the peaceful user and enjoyment of Plaint D schedule property.
Relief Type:
Costs
Outcome:
Granted
Description:
Plaintiffs are entitled for the costs of the suit.
Evidence:
Plaintiffs are also entitled for the costs of the suit.
Documents & Evidence
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
Executed by Ashmina Ansar.
Reference:
Ext.A1
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
Executed by Ajmal Sheriff.
Reference:
Ext.A2
Document Type:
Gift Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of the Gift deed no. 822/57 of Edapally SRO.
Reference:
Ext.A3
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of partition deed no. 6225/93 of Edapally SRO.
Reference:
Ext.A4
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Issued by Thrikkakkara North village in favour of Ashmina Ansar.
Reference:
Ext.A5
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of the partition deed no. 4222/13 of Edapally SRO.
Reference:
Ext.A6
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Issued by Thrikkakkara North village in favour of Abdul Jaleel.
Reference:
Ext.A7
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Issued by Thrikkakkara North village in favour of Ajmal Sheriff.
Reference:
Ext.A8
Document Type:
Filed Map
Submitted By:
Defendant
Relevance:
Certified copy of the filed map of field no. 72, Block no.5 of Thrikkakkara north village office.
Reference:
Ext.B1
Document Type:
Sketch
Submitted By:
Defendant
Relevance:
Sketch prepared by Thrikkakkara North village of the plaint schedule property. (Subject to proof)
Reference:
Ext.B2
Document Type:
Gift Deed
Submitted By:
Defendant
Relevance:
Certified copy of the Gift deed no. 822/57 of Edapally SRO.
Reference:
Ext.B3
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Report filed by Adv. Veena C.V.
Reference:
Ext.C1
Document Type:
Sketch
Submitted By:
Court
Relevance:
Sketch filed along with the commission report.
Reference:
Ext.C1(a)
Document Type:
Photographs
Submitted By:
Court
Relevance:
Series of photographs filed along with the commission report.
Reference:
Ext.C1(b)
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between Abdul Jaleel et al vs Sugathan et al regarding declaration and permanent prohibitory injunction
Case Code Year
Case between Abdul Jaleel et al vs Sugathan et al regarding declaration and permanent prohibitory injunction