Case Summary
The plaintiffs, including Sugandhi and others, are seeking a declaration of their right of way over a pathway used for more than 30 years for access to their properties. The defendants, Vijayan and Reghunathan, were accused of obstructing this pathway.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Declared rights of easement; mandatory injunctions to remove obstructions.
Case Type
Civil Suit
Final Judgment
No
The court declared the plaintiffs' right of easement over the pathway and issued mandatory injunctions against the defendants to remove constructions obstructing access.
Why Plaintiff Won:
The plaintiffs provided unchallenged evidence of longstanding use of the pathway.
The plaintiffs provided unchallenged evidence of longstanding use of the pathway.
Losing Side's Weaknesses:
The plaintiffs provided unchallenged evidence of longstanding use of the pathway.
The plaintiffs provided unchallenged evidence of longstanding use of the pathway.
Supporting Evidence
Plaintiffs’ unchallenged evidence proves their case and they were entitled to a decree of declaration and Mandatory injunction as sought for.
Judgment Evidence:
In the result, the suit is decreed with costs as per the following terms: 1. Plaintiffs’ and 3rd defendant's (Addl.5th Plaintiff) right of easement by prescription and of necessity over plaint E schedule pathway to use it for the ingress and egress to plaint A, B, C and D schedule properties from the public road namely Oottukuzhy road is declared.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sugandhi
- Party Age
- 52
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Jaya
- Party Age
- 40
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Sobhana
- Party Age
- 63
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Sindhu
- Party Age
- 49
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Praveen.P.S.
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Vijayan
- Party Age
- 50
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Reghunathan
- Relation
- H/o
- Party Role
- Defendant
- Party Name
- Praveen.P.S.
- Relation
- S/o
Plaintiffs Documents
Original partition deed No.2007/1983, Original Sale deed No.296/1992, Original Release deed No.1056/2009, Original Settlement deed No.239/2020, Copy of Complaint given to District Collector, District Police Chief and SHO, Balaramapuram Police Station, Copy of Tax Receipt, Original Sale deed No.886/1996.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Smt. M.R.Bindhu
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt. Sandhya.G.R
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Declaration
Outcome:
Granted
Description:
Declaration of plaintiffs’ easement rights over the E schedule pathway.
Evidence:
Plaintiffs’ unchallenged evidence proves their case and they were entitled to a decree of declaration.
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
Mandatory injunction directing the first defendant to remove unauthorized constructions obstructing the pathway.
Evidence:
1st defendant is directed by a decree of mandatory injunction to remove the newly built unauthorized construction.
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
Mandatory injunction directing the second defendant to remove obstruction on the pathway.
Evidence:
2nd defendant is directed by a decree of mandatory injunction to remove hollow brick work made on 06.10.2022.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Permanent prohibitory injunction against obstructing the E schedule pathway.
Evidence:
1st and 2nd defendants are directed by a decree of permanent prohibitory injunction not to obstruct the mouth touching the Oottukuzhy road.
Relief Type:
Other
Outcome:
Granted
Description:
Permission to the plaintiffs to concrete the E schedule pathway based on easement rights.
Evidence:
The plaintiffs and 3rd defendant are permitted to concrete the plaint ‘E’ schedule pathway.
Documents & Evidence
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
Original Partition deed No.2007/1983 dated 28.09.1983 presented to prove property rights.
Reference:
Ext.A1
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Original sale deed No.296/1992 dated 05.02.1992 presented to establish ownership.
Reference:
Ext.A2
Document Type:
Release deed
Submitted By:
Plaintiff
Relevance:
Original release deed No.1056/2009 dated 27.05.2009 referenced as evidence of property rights.
Reference:
Ext.A3
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Original settlement deed No.239/2020 dated 03.02.2020 mentioned for property dispute resolution.
Reference:
Ext.A4
Document Type:
Complaint
Submitted By:
Plaintiff
Relevance:
Copy of complaint given to District Collector, District Police Chief and SHO, Balaramapuram Police Station dated 07.10.2022 for evidence of obstruction.
Reference:
Ext.A5
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Copy of tax receipt dated 12.04.2022 mentioned for establishing tax payment.
Reference:
Ext.A6
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Original sale deed No.886/1996 dated 11.04.1996 referenced for property ownership.
Reference:
Ext.A7
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report dated 18.11.2022 marked to assist in the court's decision-making.
Reference:
Ext.C1
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Right of way obstruction
Case Code
Case between Sugandhi et al vs Vijayan et al regarding Declaration of right of way by prescription and necessity and for Mandatory injunction.
Case Code Year
Case between Sugandhi et al vs Vijayan et al regarding Declaration of right of way by prescription and necessity and for Mandatory injunction.