Case Summary
The plaintiff, Prathibha, is seeking a declaration of her right to use a pathway and an injunction against the defendants, who are obstructing her access. The case is about the plaintiff's claim over an easement right due to the defendants' obstruction.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff has the easement right to use plaint C schedule pathway for ingress and egress to the plaint A schedule property.
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiff, declaring her the rightful owner of the easement to use the contested pathway and restraining the defendants from obstructing her access.
Why Plaintiff Won:
The plaintiff successfully proved her case with sufficient evidence without rebuttal.
The plaintiff successfully proved her case with sufficient evidence without rebuttal.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
By producing Exts. A1 and A2 and by deposing in tune with the plaint averments in the affidavit, the plaintiff has succeeded in proving her case.
Judgment Evidence:
In the result, this suit is decreed in part as follows: (i) It is hereby declared that the plaintiff has the easement right to use plaint C schedule pathway for ingress and egress to the plaint A schedule property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Prathibha
- Party Age
- 41
- Relation
- W/o.Vinod Kumar
- Party Role
- Defendant
- Party Name
- Raju
- Party Age
- 55
- Relation
- S/o.Parameswaran Achary
- Party Role
- Defendant
- Party Name
- Rajith Kumar
- Party Age
- 56
- Relation
- S/o.Gopi
- Party Role
- Defendant
- Party Name
- Pradeep
- Party Age
- 40
- Relation
- S/o.Murali
Plaintiffs Documents
Certified copy of deed no.4269/2009, Tax receipt dated 08/06/2024
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Anub B. Mundakkal
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Amit Krishna
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Saina. S
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Aromal P Pillai
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Declaration
Outcome:
Granted
Description:
Declaration of easement right to use plaint C schedule pathway for ingress and egress to the plaint A schedule property.
Evidence:
It is hereby declared that the plaintiff has the easement right to use plaint C schedule pathway for ingress and egress to the plaint A schedule property.
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
Restraint on the defendants from obstructing the plaintiff and family from using the C schedule pathway.
Evidence:
The defendants are hereby restrained from any kind of obstruction to the plaintiff and family from their ingress and egress through C scheduled pathway.
Relief Type:
Other
Outcome:
Granted
Description:
Entitlement to recover costs of the suit from the defendants.
Evidence:
The plaintiff is entitled to realise costs of the suit from the defendants.
Documents & Evidence
Document Type:
Title deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Deed No.4269/2009 establishing ownership over the plaint A schedule property.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Tax receipt dated 08/06/2024 issued from Mayyanadu village in the name of Smt. Prathibha.
Reference:
Ext.A2
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Case Code
Case between Prathibha vs Raju et al regarding declaration and injunction
Case Code Year
Case between Prathibha vs Raju et al regarding declaration and injunction