Case Summary
The plaintiffs, Koroth Sandhya and others, are involved in a dispute against Dr.K.P.Ravi and Dr.Shamil.P.R regarding easement rights over a road serving their property. The plaintiffs claim the right to use this road, which the defendants attempted to obstruct.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiffs have a right of easement by grant over plaint B schedule road.
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiffs, recognizing their easement rights over the B schedule road. The defendants were restrained from obstructing the plaintiffs' access.
Why Plaintiff Won:
The plaintiffs successfully proved their easement rights as detailed in the title documents.
The plaintiffs successfully proved their easement rights as detailed in the title documents.
Losing Side's Weaknesses:
The plaintiffs successfully proved their easement rights as detailed in the title documents.
The plaintiffs successfully proved their easement rights as detailed in the title documents.
Supporting Evidence
The court found evidence supporting the plaintiffs' claims of easement rights as per the prior documents.
Judgment Evidence:
In the result, 1. The suit is decreed as follows: 1. It is hereby declared that the plaintiff has a right of easement by grant over plaint B schedule road.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Koroth Sandhya
- Party Age
- 42
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Koroth Sudhi
- Party Age
- 47
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Dr.K.P.Ravi
- Party Age
- 43
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Dr.Shamil.P.R
- Party Age
- 46
- Relation
- D/o
Plaintiffs Documents
Assignment deed No.2343/11, Gift deed No.927/2015
Defendants Documents
Jenmam assignment deed No.3257/2008, Jenmam assignment deed No.2851/2010, Certificate issued by HDFC, Complaint filed by Dr.K.V.Ravi
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.K.P.Gangadharan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri.Sandeep Krishnan
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. P.K.Sidharthan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Declaration
Outcome:
Granted
Description:
It is hereby declared that the plaintiff has a right of easement by grant over plaint B schedule road.
Evidence:
The issues are answered in favour of the plaintiff.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
The defendants and their men are hereby restrained from obstructing the plaintiff in using B schedule road as vehicular access to plaint A schedule property.
Evidence:
The defendants miserably failed to convince the court that they are entitled for a relief of injunction as prayed for.
Documents & Evidence
Document Type:
Certified copy of Jenmam assignment deed
Submitted By:
Plaintiff
Relevance:
This document shows the assignment of property rights from Abdul Haque to Lakshmi, the mother of the plaintiff, establishing her claim over the property.
Reference:
Ext.A1
Document Type:
Certified Copy of Gift Deed
Submitted By:
Plaintiff
Relevance:
This document demonstrates the transfer of property rights from Lakshmi's legal heirs to the plaintiff.
Reference:
Ext.A2
Document Type:
Certified copy of Jenmam assignment deed
Submitted By:
Defendant
Relevance:
This document establishes the defendants' claim of ownership over the property by showing the assignment from Praseeth Kumar to Abdul Huck.
Reference:
Ext.B1
Document Type:
Certified copy of Jenmam assignment deed
Submitted By:
Defendant
Relevance:
This document solidifies the defendants' claim by showing the assignment of property rights from Praseeth Kumar to them.
Reference:
Ext.B2
Document Type:
Certificate
Submitted By:
Defendant
Relevance:
This certificate is referenced to demonstrate the financial status of the defendants.
Reference:
Ext.B3
Document Type:
Copy of complaint
Submitted By:
Defendant
Relevance:
This document is mentioned to show a prior dispute and past grievances related to property.
Reference:
Ext.B4
Document Type:
Commission Report with Plan
Submitted By:
Court
Relevance:
This report provides a survey of the properties in dispute, critical for understanding the layout and access.
Reference:
Ext.C1
Document Type:
Commission Report with Plan
Submitted By:
Court
Relevance:
This document continues the assessment initiated in Ext.C1, focusing on the properties involved.
Reference:
Ext.C2
Document Type:
Commission report with Survey plan
Submitted By:
Court
Relevance:
This report confirms the findings of Ext.C1 and C2 regarding the property boundaries and access.
Reference:
Ext.C3
Document Type:
Commission report with Survey plan
Submitted By:
Court
Relevance:
This document provides updated survey information necessary for the resolution of the case.
Reference:
Ext.C4
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 1 Kozhikode
Common Reasons
Right of way obstruction
Case Code
Case between Koroth Sandhya vs Dr.K.P.Ravi et al regarding easement rights over plaint B schedule road.
Case Code Year
Case between Koroth Sandhya vs Dr.K.P.Ravi et al regarding easement rights over plaint B schedule road.