Case Summary
This case involves a mother and daughter, Sarojini and Bindhu, who seek to declare their easement rights over certain properties. They are opposed by Anitha and Thulaseedharan, who have rights over the properties in question.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Temporary injunction granted in favor of the petitioners.
Case Type
Civil Suit
Final Judgment
No
The court allowed the petition and granted a temporary injunction in favor of the petitioners, restraining the respondents from obstructing their use of the property in question.
Why Plaintiff Won:
Prima facie case and balance of convenience are in favor of the petitioners.
Prima facie case and balance of convenience are in favor of the petitioners.
Losing Side's Weaknesses:
Prima facie case and balance of convenience are in favor of the petitioners.
Prima facie case and balance of convenience are in favor of the petitioners.
Supporting Evidence
The court concluded that prima facie case and balance of convenience is in favour of the petitioners.
Judgment Evidence:
In the result, petition is allowed as follows: 1. A temporary injunction is granted in favour of the petitioners and respondents are restrained from obstructing the use of petition C schedule by the petitioners and further restrained from committing any act of waste therein.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sarojini
- Party Age
- 78
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Bindhu
- Party Age
- 50
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Anitha
- Party Age
- 46
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Thulaseedharan
- Party Age
- 49
- Relation
- S/o
Plaintiffs Documents
Copy of settlement deed No. 5467/1984, Copy of partition deed No. 1/747/2023, Tax Receipt of Village Office, Ownership Certificate, Photography
Defendants Documents
Certified copy of Sale deed no. 1275/2023, Tax Receipt of Village Office, Partition deed No. 1/747/2023, Tax Receipt of Village Office, Receipt issued by Kerala Water Authority
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Joy Bhaskar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. H. Sumanas
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. R. Suresh Babu
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Temporary Injunction
Outcome:
Granted
Description:
A temporary injunction is granted in favour of the petitioners restraining the respondents from obstructing the use of petition C schedule.
Evidence:
In the result, petition is allowed as follows: 1.A temporary injunction is granted in favour of the petitioners and respondents are restrained from obstructing the use of petition C schedule by the petitioners.
Relief Type:
Temporary Injunction
Outcome:
Granted
Description:
Respondents are further restrained from committing any act of waste in the graveyard.
Evidence:
2.Respondents are further restrained from committing any act of waste in the graveyard of late Mr.Anandan who is the husband of the first petitioner and father of second petitioner.
Relief Type:
Costs
Outcome:
Not Decided
Description:
Considering the facts and circumstances of the petition both parties can be directed to suffer their respective costs.
Evidence:
Considering the facts and circumstances of the petition both parties can be directed to suffer their respective costs.
Documents & Evidence
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
True copy of settlement deed No. 5467/1984 showing the rights in property.
Reference:
Ext.A1
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
True copy of partition deed No. I/747/2023 showing the division of property.
Reference:
Ext.A2
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Tax receipt dated 30.05.2023 related to the property.
Reference:
Ext.A3
Document Type:
Ownership Certificate
Submitted By:
Plaintiff
Relevance:
Ownership certificate issued by Chemmaruthy Grama Panchayath.
Reference:
Ext.A4
Document Type:
Photograph
Submitted By:
Plaintiff
Relevance:
A photograph related to the property.
Reference:
Ext.A5
Document Type:
Sale deed
Submitted By:
Defendant
Relevance:
Certified copy of Sale deed no. 1275/2023 showing the respondent's purchase of property.
Reference:
Ext.B1
Document Type:
Tax receipt
Submitted By:
Defendant
Relevance:
Tax receipt dated 11.05.2023 related to the property.
Reference:
Ext.B2
Document Type:
Partition Deed
Submitted By:
Defendant
Relevance:
Partition deed No. I/747/2023 showing the division of property.
Reference:
Ext.B3
Document Type:
Tax receipt
Submitted By:
Defendant
Relevance:
Tax receipt dated 17.04.2023 related to the property.
Reference:
Ext.B4
Document Type:
Receipt
Submitted By:
Defendant
Relevance:
Receipt issued by Kerala Water Authority dated 17.10.2023.
Reference:
Ext.B5
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report filed by the Adv. Commissioner showing property details.
Reference:
Ext.C1
Document Type:
Rough Sketch
Submitted By:
Court
Relevance:
Rough sketch prepared by the Adv. Commissioner illustrating property layout.
Reference:
Ext.C1(a)
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiffs Court, Varkala
Common Reasons
Easement right by necessity
Case Code
Case between Sarojini vs Anitha et al regarding declaration of easement right and temporary injunction
Case Code Year
Case between Sarojini vs Anitha et al regarding declaration of easement right and temporary injunction