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OS No. 88/2024

Case between Shyla et al vs Rini Titus et al regarding injunction and declaration of right of easement by prescription.

Court
Munsiff Court, Kollam
Judge
Smt. Sofia.T.A
Order Date
2025-10-17
Duration
approximately-1 year 7 months
Case Closed
Fri, 10/17/2025 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

This case involves two plaintiffs, Shyla and Sherly Rajendran, seeking an injunction against the defendants, Rini Titus and Reshmi, to prevent obstruction of a way they claim an easement over. The plaintiff alleges that the defendants have obstructed access to their property by reducing the width of the claimed easement.

Judgment Outcome

Defendant Won
Interim Order
The court dismissed the plaintiff's petition seeking an injunction against the defendants from obstructing the E schedule way, ruling that the plaintiffs did not establish a prima facie case.
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court dismissed the plaintiff's petition seeking an injunction against the defendants from obstructing the E schedule way, ruling that the plaintiffs did not establish a prima facie case.
Key Reasoning:
The plaintiffs failed to establish a prima facie case and the balance of convenience did not favor granting an injunction.
Why Defendant Won:
Not available
Supporting Evidence
The court ruled that the petitioners did not establish a good prima facie case in their favor.

Judgment Evidence:

In the result, the petition is dismissed without costs.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Shyla
Party Age
53
Relation
W/o.Jimmi D Cruz
Party Role
Plaintiff
Party Name
Sherly Rajendran
Party Age
58
Relation
W/o.Rajendran
Party Role
Defendant
Party Name
Rini Titus
Party Age
34
Relation
D/o.Titus
Party Role
Defendant
Party Name
Reshmi
Relation
W/o.Godwin
Plaintiffs Documents
Sale deed No.205/2023, Copy of Sale deed No.1298, Land Tax receipt from Mangad Village.
Defendants Documents
Copy of temporary injunction order, First Information Report.

Advocates

Party Role
Plaintiff
Advocate Name
Vinayachandran. V.
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Mangad S Prasanth
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
Nazeer. S. Kakkantayam
Appearance Type
Main Counsel

Reliefs

Relief Type: Mandatory Injunction
Outcome: Refused
Description:
The plaintiffs requested a mandatory injunction to remove obstructions on the E schedule property.
Evidence:
In such a situation if the petition is allowed it will cause hardship to the respondents and cause irreparable injury to them. So, I am not inclined at this stage to allow an injunction order in favor of the petitioners.

Documents & Evidence

Document Type: Sale deed
Submitted By: Plaintiff
Relevance:
The document is critical as it mentions a pathway which is a central contention in the suit.
Reference:
Ext.A1
Document Type: Sale deed
Submitted By: Plaintiff
Relevance:
This document does not mention any way, providing context to the argument.
Reference:
Ext.A2
Document Type: Land Tax Receipt
Submitted By: Plaintiff
Relevance:
This is related evidence demonstrating ownership and tax payment for the property.
Reference:
Ext.A3
Document Type: Land Tax Receipt
Submitted By: Plaintiff
Relevance:
This is related evidence demonstrating ownership and tax payment for the property.
Reference:
Ext.A4
Document Type: Temporary Injunction Order
Submitted By: Defendant
Relevance:
This document is relevant to the case as it reflects prior judicial considerations.
Reference:
Ext.B1
Document Type: First Information Report
Submitted By: Defendant
Relevance:
This document presents context regarding a separate case against the petitioners.
Reference:
Ext.B2
Document Type: Commission Report
Submitted By: Court
Relevance:
This report provides important findings about the E schedule way which impacts the court's decision.
Reference:
Ext.C1

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 Shyla et al vs Rini Titus et al regarding injunction and declaration of right of easement by prescription.
Case Code Year
Case between Shyla et al vs Rini Titus et al regarding injunction and declaration of right of easement by prescription.

Quick Facts

Location
Kollam
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Case Filed
Sat, 02/03/2024 - 12:00
Case Closed
Fri, 10/17/2025 - 12:00
From
Wed, 10/01/2025 - 12:00
To
Sun, 11/30/2025 - 12:00
Outcome Confidence
80%

Involved Entities

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