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Original Suit No. 108 OF 2012

Case between Prasad vs Ganesan regarding setting out a way and injunction

Court
Court of the Munsiff of Tirur
Judge
Smt. VINCY.T.V.,B.A, LL.B.
Order Date
2017-09-18
Duration
5 years 11 months 28 days
Case Closed
Mon, 09/18/2017 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

Plaintiff Prasad filed suit against defendant Ganesan for setting out a way through defendant's property as an easement of necessity and seeking a perpetual injunction against obstructing the use of the way to access plaintiff's property.

Judgment Outcome

Plaintiff Won
Interim Order
The court allowed the plaintiff to set out a 10 feet way through the defendant's property as an easement of necessity and granted a perpetual injunction restraining the defendant from obstructing the use of the way.
Judgment Favored
Plaintiff
Relief Granted
Setting out a 10 feet way as easement of necessity and perpetual injunction
Case Type
Civil Suit - Injunction
Final Judgment
No
The court allowed the plaintiff to set out a 10 feet way through the defendant's property as an easement of necessity and granted a perpetual injunction restraining the defendant from obstructing the use of the way.
Why Plaintiff Won:
The plaintiff successfully proved his entitlement to an easement of necessity through the defendant's property and demonstrated the defendant's obstruction to the way, resulting in the court granting the relief.
Losing Side's Weaknesses:
The plaintiff successfully proved his entitlement to an easement of necessity through the defendant's property and demonstrated the defendant's obstruction to the way, resulting in the court granting the relief.
Supporting Evidence
Since the way available to the property covered by Ext. A1 Will is having 10 feet, the plaintiff is also entitled to get a way having 10 feet width to his property. Therefore, the plaintiff is entitled to set out a way having a width of 10 feet to the plaint A schedule property through the defendant's property.

Judgment Evidence:

In the result, the suit is decreed as follows:- 1. The plaintiff is allowed to set out a way having a width of 10 feet through the defendant's property to the plaint A schedule property as easement of necessity. 2.The defendant and his men are restrained by a perpetual injunction causing obstruction to the user of the way to be set out to the plaint A schedule property. 3. The plaintiff is entitled to realise the cost of the suit from the defendant.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Prasad
Party Age
51
Relation
Son of
Party Role
Defendant
Party Name
Ganesan
Party Age
50
Relation
Son of
Plaintiffs Documents
True copy of Will Deed No. 6/1996 of SRO Codacal, True copy of Jenm assignment deed No.548/95 of SRO Codacal
Defendants Documents
Not available

Advocates

Party Role
Plaintiff
Advocate Name
Sri.E.C.Suresh
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Sri.V. Chandrasekharan
Appearance Type
Assisting Counsel

Reliefs

Relief Type: Injunction
Outcome: Granted
Description:
Setting out a 10 feet way as easement of necessity and perpetual injunction
Evidence:
Since the way available to the property covered by Ext. A1 Will is having 10 feet, the plaintiff is also entitled to get a way having 10 feet width to his property. Therefore, the plaintiff is entitled to set out a way having a width of 10 feet to the plaint A schedule property through the defendant's property.

Documents & Evidence

Document Type: Will Deed Copy
Submitted By: Plaintiff
Relevance:
Showed ownership and possession details
Reference:
A1
Document Type: Land Assignment Deed Copy
Submitted By: Plaintiff
Relevance:
Provided additional property details
Reference:
A2
Document Type: Commissioner's Report
Submitted By: Court
Relevance:
Documented inspection results of the properties
Reference:
C1
Document Type: Sketch Plan
Submitted By: Court
Relevance:
Illustrated property layout
Reference:
C2

Case Classification

Case Type
Civil Suit - Injunction
Category
Injunction and Access Rights
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Easement of necessity
Case Code
Case between Prasad vs Ganesan regarding setting out a way and injunction
Case Code Year
Case between Prasad vs Ganesan regarding setting out a way and injunction

Quick Facts

Location
Tirur
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Case Filed
Tue, 09/18/2012 - 12:00
Case Closed
Mon, 09/18/2017 - 12:00
From
Fri, 09/01/2017 - 12:00
To
Sat, 09/30/2017 - 12:00
Outcome Confidence
95%

Involved Entities

Private Individual

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