Case Summary
Ambika Raju filed a suit seeking a declaration of her easement right over a pathway used for access to her property. The defendants, Chacko @ Joy and Mathew, contested the claim, stating no obstruction was caused.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court dismissed the suit brought by Ambika Raju for declaratory relief of easement rights, ruling that the defendants did not obstruct her use of the pathway.
Key Reasoning:
The plaintiff failed to prove that the defendants caused any obstruction to her easement rights.
The plaintiff failed to prove that the defendants caused any obstruction to her easement rights.
Why Defendant Won:
Not available
Not available
Supporting Evidence
The relief claimed for cannot be allowed.
Judgment Evidence:
In the result, Suit is dismissed.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Ambika Raju
- Party Age
- 59
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Chacko @ Joy
- Party Age
- 65
- Party Role
- Defendant
- Party Name
- Mathew
- Party Age
- 62
Plaintiffs Documents
Copy of Sale Deed no. 1074/1993, Tax receipt, Copy of complaint to RDO, Kottayam, Copy of complaint to Secretary, Kooroppada Grama Panchayath.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Jacob Xavier
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Vivek Soman K
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Karthik S Nair
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sumesh K S
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Ajayan P S
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Biju Abraham
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Declaration
Outcome:
Refused
Description:
Declaration of easement right over the plaint schedule Item No.2 way.
Evidence:
Hence the relief claimed for cannot be allowed.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Document evidencing the ownership of the plaint schedule Item No.1 property by the plaintiff.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Document indicating payment of taxes related to the property.
Reference:
Ext.A2
Document Type:
Complaint
Submitted By:
Plaintiff
Relevance:
Copy of the complaint filed before the RDO against the first defendant for raising the height of the wall.
Reference:
Ext.A3
Document Type:
Complaint
Submitted By:
Plaintiff
Relevance:
Copy of the complaint to the Secretary of Kooroppada Grama Panchayath.
Reference:
Ext.A4
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Report and rough sketch prepared by the Advocate Commissioner providing details about the property.
Reference:
Ext.C1
Document Type:
Rough Sketch
Submitted By:
Court
Relevance:
Sketch illustrating the layout of the plaint schedule items.
Reference:
Ext.C1(a)
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Common Reasons
Case Code
Case between Ambika Raju vs Chacko @ Joy, Mathew regarding declaration of easement right.
Case Code Year
Case between Ambika Raju vs Chacko @ Joy, Mathew regarding declaration of easement right.