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OS No. 744/2020

Case between Paul M A et al vs Lakshmi Sajeev et al regarding declaration of joint right title and possession

Court
THE COURT OF THE MUNSIFF, KOTTAYAM
Judge
Smt. Jyothi Babu R.
Order Date
2025-07-15
Duration
approximately-4 years 6 months
Case Closed
Tue, 07/15/2025 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

This suit involves the plaintiffs Paul M A, Thankamma George, and Jacob John who seek a declaration of joint right title and possession over certain properties. The defendants, Lakshmi Sajeev and Lekha Radhakrishnan, dispute the plaintiffs' claims to a way leading to their properties.

Judgment Outcome

Partial Relief
Interim Order
The suit is decreed in part, allowing the plaintiffs some rights over the way leading to their properties but not granting the full declaration requested.
Judgment Favored
Partial
Relief Granted
The defendants are restrained from causing obstruction to the user of the plaint schedule item no:2 way as in existence.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in part, allowing the plaintiffs some rights over the way leading to their properties but not granting the full declaration requested.
Key Reasoning:
The plaintiffs established some usage rights over the way.
Losing Side's Weaknesses:
The plaintiffs established some usage rights over the way.
Supporting Evidence
The plaintiffs could not establish exclusive right over the way. However, the user of the plaint schedule item no.2 way by the plaintiffs could not be prevented.

Judgment Evidence:

In the result, the suit is decreed in part. The defendants are restrained from causing obstruction to the user of the plaint schedule item no:2 way as in existence. There is no order as to costs.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Paul M A
Party Age
65
Relation
S/o
Party Role
Plaintiff
Party Name
Thankamma George
Party Age
81
Relation
W/o
Party Role
Plaintiff
Party Name
Jacob John
Party Age
71
Relation
S/o
Party Role
Defendant
Party Name
Lakshmi Sajeev
Party Age
35
Relation
W/o
Party Role
Defendant
Party Name
Lekha Radhakrishnan
Party Age
32
Relation
D/o
Plaintiffs Documents
Sale Deed No. 1641/1990, Sale Deed No. 1690/1989, Notarised copy of Sale Deed No. 2432/2021.
Defendants Documents
Settlement Deed No. 685/2017, Land Tax Receipt, Settlement Deed No. 686/2017.

Advocates

Party Role
Plaintiff
Advocate Name
T M Xavierkutty
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Saranyamol M
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
P K Vinodkumar
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Harikrishnan S
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
Ann Mariya Joseph
Appearance Type
Assisting Counsel

Reliefs

Relief Type: Declaration
Outcome: Refused
Description:
Plaintiffs prayed for a declaration that the plaint schedule item no.1 property is part of item no.2 way.
Evidence:
The declaration prayed by the plaintiffs could not be allowed.
Relief Type: Injunction
Outcome: Granted
Description:
Plaintiffs sought an injunction restraining the defendants from causing obstruction to the user of the plaint schedule item no.2 way.
Evidence:
The defendants are restrained from causing obstruction to the user of the plaint schedule item no:2 way as in existence.

Documents & Evidence

Document Type: Sale deed
Submitted By: Plaintiff
Relevance:
Certified copy of sale deed no: 1641/1990 indicating the 1st plaintiff's ownership of plaint schedule item no.3 property.
Reference:
Ext.A1
Document Type: Sale deed
Submitted By: Plaintiff
Relevance:
Certified copy of sale deed no: 1690/1989 serving as a prior deed related to Ext.A1.
Reference:
Ext.A2
Document Type: Sale deed
Submitted By: Plaintiff
Relevance:
Notarised copy of sale deed no. 2432/2021 indicating the transfer of ownership of the way to the plaintiffs.
Reference:
Ext.A3
Document Type: Sale deed
Submitted By: Plaintiff
Relevance:
Certified copy of sale deed no. 1402/2002 of Kottayam SRO.
Reference:
Ext.A4
Document Type: Sale deed
Submitted By: Plaintiff
Relevance:
Certified copy of sale deed no. 1131/1995 of Kottayam SRO.
Reference:
Ext.A5
Document Type: Sale deed
Submitted By: Plaintiff
Relevance:
Certified copy of sale deed no. 231/2011 of Kottayam SRO.
Reference:
Ext.A6
Document Type: Settlement Deed
Submitted By: Defendant
Relevance:
Certified copy of settlement deed executed in favour of the 1st defendant.
Reference:
Ext.B1
Document Type: Land Tax Receipt
Submitted By: Defendant
Relevance:
Tax receipt indicating payment for the defendants' respective properties.
Reference:
Ext.B2
Document Type: Settlement Deed
Submitted By: Defendant
Relevance:
Certified copy of settlement deed executed in favour of the 2nd defendant.
Reference:
Ext.B3
Document Type: Land Tax Receipt
Submitted By: Defendant
Relevance:
Tax receipt indicating payment for the defendants' respective properties.
Reference:
Ext.B4
Document Type: Building Permit
Submitted By: Defendant
Relevance:
Site approval and building permit obtained from Kottayam Municipal Council.
Reference:
Ext.B5
Document Type: Approved Plan
Submitted By: Defendant
Relevance:
Plan for construction of compound wall.
Reference:
Ext.B6
Document Type: Commission Report
Submitted By: Court
Relevance:
Report prepared by the Advocate Commissioner related to the pathway and its surroundings.
Reference:
Ext.C1

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 Paul M A et al vs Lakshmi Sajeev et al regarding declaration of joint right title and possession
Case Code Year
Case between Paul M A et al vs Lakshmi Sajeev et al regarding declaration of joint right title and possession

Quick Facts

Location
Kottayam
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Case Filed
Tue, 11/24/2020 - 12:00
Case Closed
Tue, 07/15/2025 - 12:00
From
Sun, 06/01/2025 - 12:00
To
Thu, 07/31/2025 - 12:00
Outcome Confidence
75%

Involved Entities

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