Case Summary
The plaintiffs, representing the local public, filed a suit for declaration of customary easement over a way they have used for generations, while the defendants have denied the existence of such a way. The case involves disputes over property access and rights in Velloor Kara.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants are restrained from trespassing into the plaint schedule property and from widening the way.
Case Type
Civil Suit
Final Judgment
No
O.S 730/2016 is dismissed. O.S 708/2016 is decreed, restraining the defendants from trespassing and widening the way lying on the eastern side of the plaint schedule property.
Why Plaintiff Won:
The plaintiffs were able to establish their claim over the customary easement and proved the existing width of the way.
The plaintiffs were able to establish their claim over the customary easement and proved the existing width of the way.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The evidence brought before the court substantiates the claim of the plaintiffs that there was a customary right available to the local public.
Judgment Evidence:
In the result, O.S 730/2016 is dismissed. O.S 708/2016 is decreed as follows: 1. The defendants in O.S.708/2016 are restrained from trespassing into the plaint schedule property (scheduled in O.S 708/2016) and from widening the way lying on the eastern side of the plaint schedule property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Balaji S
- Party Age
- 47
- Relation
- S/o Late N P Surendran
- Party Role
- Plaintiff
- Party Name
- Pramod Sankar
- Party Age
- 37
- Relation
- S/o Sankaran VK
- Party Role
- Plaintiff
- Party Name
- Subhashkumar MV
- Party Age
- 43
- Relation
- S/o K K Vasu
- Party Role
- Defendant
- Party Name
- Nanappan
- Party Age
- 68
- Relation
- S/o Sasankan
- Party Role
- Defendant
- Party Name
- Damodaran Nair
- Party Age
- 71
Plaintiffs Documents
Election Identity Card, Tax Receipt, Copy of Re Survey Plan, Tax Receipt, Tax Receipt, Copy of Basic Tax Register (Form F Page no. 177), Judgment of OS no. 712/2016
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Anil D Kartha
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Ananthakrishnan A Kartha
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- K A Bhadran
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Restraining the defendants from trespassing and widening the way adjacent to the plaintiff's property.
Evidence:
The defendants in O.S.708/2016 are restrained from trespassing into the plaint schedule property (scheduled in O.S 708/2016) and from widening the way lying on the eastern side of the plaint schedule property.
Relief Type:
Other
Outcome:
Not Decided
Description:
Costs for both parties.
Evidence:
Considering the facts and circumstances of the case, the parties shall suffer their respective costs.
Documents & Evidence
Document Type:
Election Identity Card
Submitted By:
Plaintiff
Relevance:
Used to establish identity of the plaintiff
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Establishes property ownership
Reference:
Ext.A2
Document Type:
Copy of Re Survey Plan
Submitted By:
Plaintiff
Relevance:
Provides details about the disputed way and its width
Reference:
Ext.A3
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Establishes property ownership
Reference:
Ext.A4
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Establishes property ownership
Reference:
Ext.A5
Document Type:
Copy of Basic Tax Register (Form F Page no. 177)
Submitted By:
Plaintiff
Relevance:
Provides property records pertinent to the case
Reference:
Ext.A6
Document Type:
Judgment of OS no. 712/2016
Submitted By:
Plaintiff
Relevance:
Provides context regarding prior judgments relevant to the case
Reference:
Ext.A7
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Details findings of the commission regarding property
Reference:
Ext.C1
Document Type:
Plan
Submitted By:
Court
Relevance:
Visual representation of commission findings
Reference:
Ext.C1(a)
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Details findings of the commission regarding property
Reference:
Ext.C2
Document Type:
Plan
Submitted By:
Court
Relevance:
Visual representation of commission findings
Reference:
Ext.C2(a)
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Details findings of the commission regarding property
Reference:
Ext.C3
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Details findings of the commission regarding property
Reference:
Ext.C4
Document Type:
Rough Sketch
Submitted By:
Court
Relevance:
Visual representation of commission findings
Reference:
Ext.C4(a)
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Details findings of the commission regarding property
Reference:
Ext.C5
Document Type:
Rough Sketch
Submitted By:
Court
Relevance:
Visual representation of commission findings
Reference:
Ext.C5(a)
Document Type:
Copy of BTR
Submitted By:
Unknown
Relevance:
Provides additional context of property records
Reference:
Ext.X1
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 Nanappan vs Balaji S et al regarding injunction and declaration
Case Code Year
Case between Nanappan vs Balaji S et al regarding injunction and declaration