Case Summary
Remani Amma is the plaintiff claiming a right of easement over a way used for more than 20 years. Santhosh and others are the defendants who allegedly caused obstruction to this way.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendants are restrained from obstructing the user of the way.
Case Type
Civil Suit
Final Judgment
No
The court decreed that the defendants shall not cause any obstruction to the user of the way having a width of 3 feet. The defendants shall also not trespass into the plaintiff's property.
Why Plaintiff Won:
The plaintiff established a longstanding use of the way.
The plaintiff established a longstanding use of the way.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The plaintiff in O.S.604/2019 is not entitled to a declaration as prayed for. However the user of the plaintiff over the way having a width of 3 feet... shall not be obstructed by the defendants.
Judgment Evidence:
In the result, O.S 604/2019 is decreed as follows: 1. The defendants shall not cause any obstruction to the user of way having a width of 3 feet lying on the western side of the plaint schedule item no:2 way.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Remani Amma
- Party Age
- 55
- Relation
- W/o Muraleedharan Nair
- Party Role
- Defendant
- Party Name
- Santhosh
- Party Age
- 45
- Relation
- S/o Balakrishnan Nair
- Party Role
- Defendant
- Party Name
- Sreedevi
- Party Age
- 40
- Relation
- W/o Santhosh
- Party Role
- Defendant
- Party Name
- Subhash
- Party Age
- 40
- Relation
- S/o Thankappan
- Party Role
- Defendant
- Party Name
- Sajan @ Vijayan
- Party Age
- 35
- Relation
- S/o Paily
Plaintiffs Documents
Copy of Sale Deed no. 585/1999, Tax Receipt, Special Power of Attorney
Defendants Documents
Copy of Sale Deed no. 1997/2007, Copy of Sale Deed no. 593/2017, Copy of Sale Deed no. 1385/2021, Copy of Sale Deed no. 1091/2021, Tax Receipt
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Prakash Pampady
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Santhosh Abraham
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Declaration
Outcome:
Refused
Description:
The plaintiff sought a declaration of easement right over the plaint schedule Item No. 2 way.
Evidence:
The plaintiff in O.S.604/2019 is not entitled to a declaration as prayed for.
Relief Type:
Injunction
Outcome:
Granted
Description:
The plaintiff sought to restrain the defendants from causing obstruction to the user of way having a width of 3 feet.
Evidence:
The defendants shall not cause any obstruction to the user of way having a width of 3 feet lying on the western side of the plaint schedule item no:2 way.
Relief Type:
Injunction
Outcome:
Granted
Description:
The plaintiff sought to restrain the defendants (plaintiffs in O.S.604/2019) from trespassing into the plaint schedule item no.2 property.
Evidence:
The defendants shall not trespass into the plaint schedule item no.2 property in O.S.606/2019.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
The plaintiff obtained right over property having an extent of 4.45 ares comprised in Resurvey no:126/2011.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Shows that the plaintiff was paying tax for the above mentioned property.
Reference:
Ext.A2
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
Executed by the plaintiff in favour of Remyamol M.
Reference:
Ext.A3
Document Type:
Sale deed
Submitted By:
Defendant
Relevance:
Executed by one Ambika Kumari in favour of P.B. Santhosh and Sreedevi, mentioning a pathway having a width of 3 feet.
Reference:
Ext.B1
Document Type:
Sale deed
Submitted By:
Defendant
Relevance:
Executed in favour of P.B.Santhosh and Sree Devi, they obtained right and title over property having an extent of 40 square meters.
Reference:
Ext.B2
Document Type:
Sale deed
Submitted By:
Defendant
Relevance:
Certified copy of Sale Deed executed in favour of defendant no.5 by defendants no.1 and 2.
Reference:
Ext.B3
Document Type:
Sale deed
Submitted By:
Defendant
Relevance:
Sale deed whereby the plaint schedule Item No. 1 property was transferred in favour of the 5th plaintiff and her husband.
Reference:
Ext.B4
Document Type:
Tax receipt
Submitted By:
Defendant
Relevance:
Tax receipt showing that the 5th plaintiff and her husband were paying tax with respect to the properties covered under Ext.B3 and B4.
Reference:
Ext.B5
Document Type:
Tax receipt
Submitted By:
Defendant
Relevance:
Shows that defendants no.1 and 2 were paying tax with respect to the properties mentioned as plaint schedule Item No.1 and 2.
Reference:
Ext.B6
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report, plan and photos prepared after visiting the property on 10.10.2019, detailing the pathway.
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 Remani Amma vs Santhosh et al regarding declaration and injunction.
Case Code Year
Case between Remani Amma vs Santhosh et al regarding declaration and injunction.