Case Summary
Elambilassery Shamsudheen and Elambilassery Naseema are plaintiffs seeking an injunction against Khadeeja and others, claiming a right of easement over a disputed pathway. The defendants deny the existence of this easement and contest the plaintiffs' claims.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The suit is dismissed with costs, finding that the plaintiffs failed to prove their claim of easement by necessity over the disputed pathway.
Key Reasoning:
The plaintiffs did not establish their right of easement by necessity as required under the law.
The plaintiffs did not establish their right of easement by necessity as required under the law.
Why Defendant Won:
The plaintiffs did not establish their right of easement by necessity as required under the law.
The plaintiffs did not establish their right of easement by necessity as required under the law.
Supporting Evidence
The plaintiffs miserably failed to prove that they are entitled for a claim of easement by necessity over plaint B schedule property.
Judgment Evidence:
In the result, the suit is dismissed with costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Elambilassery Shamsudheen
- Party Age
- 41
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Elambilassery Naseema
- Party Age
- 34
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Khadeeja
- Party Age
- 50
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Mariyam Nisha
- Party Age
- 30
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Fathima
- Party Age
- 26
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Riyas
- Party Age
- 23
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Niyas
- Party Age
- 23
- Relation
- S/o
Plaintiffs Documents
Certified copy of Jenmam assignment deed No.3252/04, Certified copy of land tax receipt, Certified copy of jenmam assignment deed No.367/2009.
Defendants Documents
Jenmam assignment deed No.3188/2008.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.P.Muhammed Haneef
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.K.B.Sahasranaman
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- A.K.Abhishek Bhaktha
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Injunction
Outcome:
Refused
Description:
Plaintiffs sought a permanent prohibitory injunction restraining the defendants from obstructing the user of B schedule pathway.
Evidence:
The plaintiffs miserably failed to prove that they are entitled for a claim of easement by necessity over plaint B schedule property.
Documents & Evidence
Document Type:
Jenmam assignment deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Jenmam assignment deed No.3252/04 of SRO Mavoor executed by Moideen Koya and Shamsudheen in favour of Naseema.
Reference:
Ext.A1
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Certified copy of land tax receipt issued by Village officer Kuttikattur in the name of Shamsuddin and Naseema.
Reference:
Ext.A2
Document Type:
Jenmam assignment deed
Submitted By:
Plaintiff
Relevance:
Certified copy of jenmam assignment deed No.367/2009 of SRO Mavoor executed by Moitheen Koya in favour of Muhammed Yakkub.
Reference:
Ext.A3
Document Type:
Jenmam assignment deed
Submitted By:
Defendant
Relevance:
Jenmam assignment deed No.3188/2008 of SRO Mavoor, executed by Muhammed Musliar in favour of Moideen Koya.
Reference:
Ext.B1
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report filed by Adv.Rajilesh.P.
Reference:
Ext.C1
Document Type:
Sketch
Submitted By:
Court
Relevance:
Sketch filed by Adv.Rajilesh.P.
Reference:
Ext.C1(a)
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report filed by Adv.Rajilesh.P.
Reference:
Ext.C2
Document Type:
Plan
Submitted By:
Court
Relevance:
Plan filed by Adv.Rajilesh.P.
Reference:
Ext.C2(a)
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report filed by Adv.Rajilesh.P.
Reference:
Ext.C3
Document Type:
Sketch, Plan with Photos and C.D.
Submitted By:
Court
Relevance:
Sketch, Plan with Photos and C.D. filed by Adv.Rajilesh.P.
Reference:
Ext.C3(a)
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report filed by Adv.Akshay Kammath.
Reference:
Ext.C4
Document Type:
Sketch Plan
Submitted By:
Court
Relevance:
Sketch Plan is prepared by K.Syamlal, Taluk Surveyor, Kozhikode.
Reference:
Ext.C4(a)
Document Type:
Sketch Plan
Submitted By:
Court
Relevance:
Sketch Plan is prepared by K.Syamlal, Taluk Surveyor, Kozhikode.
Reference:
Ext.C4(b)
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 1 Kozhikode
Common Reasons
Easement by necessity
Case Code
Case between Elambilassery Shamsudheen vs Khadeeja regarding easement by necessity
Case Code Year
Case between Elambilassery Shamsudheen vs Khadeeja regarding easement by necessity