Case Summary
Somarajan. P filed a suit against Remani and others, seeking declaration of easement by grant and permanent prohibitory injunction over a pathway. The defendants are the heirs of the plaintiff’s deceased brother, who obstructed the plaintiff's access to his property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Right of easement over the plaint C schedule pathway
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff, confirming his right of easement over the pathway and permanently restraining the defendants from obstructing it.
Why Plaintiff Won:
The plaintiff proved his right of easement over the C schedule pathway with sufficient evidence.
The plaintiff proved his right of easement over the C schedule pathway with sufficient evidence.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
Here, the evidence of PW1 coupled with Ext. A1 would prove the right of the plaintiff over the A schedule property and the C schedule way. The plaintiff's case regarding the reliefs of declaration and permanent prohibitory injunction stands proved.
Judgment Evidence:
In the result, suit is decreed in part as follows: 1. It is declared that the plaintiff has right of easement by grant over the plaint C schedule pathway.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Somarajan. P
- Party Age
- 75
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Remani
- Party Age
- 58
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Binu
- Party Age
- 39
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Dileesh Raj
- Party Age
- 37
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Dinesh Raj
- Party Age
- 32
- Relation
- S/o
Plaintiffs Documents
Partition deed No. 919/1980
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- R. Geetha
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- V. Sugathan
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Declaration
Outcome:
Granted
Description:
Declaration of easement by grant over the plaint C schedule pathway.
Evidence:
It is declared that the plaintiff has right of easement by grant over the plaint C schedule pathway.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Permanent prohibition against the defendants from making any obstructions to the use and enjoyment of the plaint C schedule way.
Evidence:
The defendants and their men are permanently restrained from making any obstructions to use and enjoyment of the plaint C schedule way by the plaintiff and his men.
Relief Type:
Other
Outcome:
Granted
Description:
Entitlement to realize the costs of the suit from the defendants.
Evidence:
Plaintiff is also entitled to realise the costs of the suit from the defendants.
Documents & Evidence
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
Shows that the plaintiff is the owner in possession of plaint A schedule property and obtained a right of way over the plaint C schedule.
Reference:
Ext.A1
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Right of way obstruction
Case Code
Case between Somarajan. P vs Remani et al regarding declaration of easement and injunction
Case Code Year
Case between Somarajan. P vs Remani et al regarding declaration of easement and injunction