Case Summary
The plaintiff, Annamma Kuruvilla, seeks a declaration of her prescriptive easement right over a way used for access to her property. The defendants, including C G Venugopal and others, contend that the plaintiff has no right to the pathway and deny any obstruction.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants shall not cause any obstruction to the user of the plaint schedule item no.2 way, by reducing its width by laying stones.
Case Type
Civil Suit
Final Judgment
No
The court partly decreed the suit by restraining the defendants from obstructing the use of the plaint schedule item no. 2 way.
Why Plaintiff Won:
The plaintiff successfully established the existence of the way and provided evidence of its previous use.
The plaintiff successfully established the existence of the way and provided evidence of its previous use.
Losing Side's Weaknesses:
The plaintiff successfully established the existence of the way and provided evidence of its previous use.
The plaintiff successfully established the existence of the way and provided evidence of its previous use.
Supporting Evidence
The plaintiff could establish the existence of plaint schedule item no:2 way. However the plaintiff could not establish with cogent evidence to get the declaration as prayed for.
Judgment Evidence:
In the result, the suit is decreed in part as follows; 1.The defendants shall not cause any obstruction to the user of the plaint schedule item no.2 way, by reducing its width by laying stones. 2.There is no order as to costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Annamma Kuruvilla
- Party Age
- 75
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- C G Venugopal
- Party Age
- 53
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Anil P G
- Party Age
- 43
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- K N Ravi
- Party Age
- 65
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- P M Mathew
- Party Age
- 64
- Relation
- S/o
Plaintiffs Documents
Original Deed of Power of Attorney executed on 12.10.2017, Purchase Certificate(Patta) no. 11 of 1986, Tax Receipt no. 4159766 dated 28.02.2013.
Defendants Documents
Certified copy of Asset Register issued by Secretary, Vijayapuram Gramapanchayath.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- P V Joseph
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sajan Varghese Abraham
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Anilkumar Ambady
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Binoy Abraham
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Injunction
Outcome:
Granted
Description:
Defendants shall not cause any obstruction to the user of plaint schedule item no. 2 way.
Evidence:
The defendants shall not cause any obstruction to the user of the plaint schedule item no:2 way, by reducing its width by laying stones.
Relief Type:
Declaration
Outcome:
Not Decided
Description:
Plaintiff requested a declaration of easement rights over plaint schedule item no. 2 way.
Evidence:
However the plaintiff could not establish with cogent evidence to get the declaration as prayed for.
Relief Type:
Fixation
Outcome:
Refused
Description:
Plaintiff requested fixation of boundary of plaint schedule item no. 2 pathway.
Evidence:
As the plaintiff has no absolute right over the plaint schedule item no.2 pathway, the relief for fixation of boundary cannot be allowed.
Relief Type:
Mandatory Injunction
Outcome:
Not Decided
Description:
Plaintiff requested a mandatory injunction.
Evidence:
Documents & Evidence
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
Authorizes Annie Kuruvilla @ Kunjamma Raju to give evidence before the court.
Reference:
Ext.A1
Document Type:
Purchase Certificate
Submitted By:
Plaintiff
Relevance:
Establishes the plaintiff's right over the property.
Reference:
Ext.A2
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Demonstrates that the plaintiff was paying tax for the property.
Reference:
Ext.A3
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Transfers property to the defendant, indicating boundaries.
Reference:
Ext.A4
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Establishes property transfer and related boundaries.
Reference:
Ext.A5
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Transfers property to Glady Philip, indicating ownership issues.
Reference:
Ext.A6
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Further establishes ownership over the pathway.
Reference:
Ext.A7
Document Type:
Asset Register
Submitted By:
Defendant
Relevance:
Indicates that the pathway is considered a public road.
Reference:
Ext.B1
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Identifies the plaint schedule item no. 2 way's location and features.
Reference:
Ext.C1
Document Type:
Commission Report
Submitted By:
Court
Relevance:
A second commission report providing additional details.
Reference:
Ext.C2
Document Type:
Oral Evidence
Submitted By:
Unknown
Relevance:
Includes testimonies from various witnesses.
Reference:
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 Annamma Kuruvilla vs C G Venugopal et al regarding prescriptive easement right
Case Code Year
Case between Annamma Kuruvilla vs C G Venugopal et al regarding prescriptive easement right