James vs Devassy Advocate - Lisan.V.P — 200105/2018

Case under Code of Civil Procedure Section 41,1. Disposed: Contested--DISMISSED on 11th March 2026.

AS - CIVIL APPEAL

CNR: KLTR130005962018

Case disposed

e-Filing Number

-

Filing Number

200105/2018

Filing Date

14-08-2018

Registration No

200105/2018

Registration Date

14-08-2018

Court

Sub Court, Irinjalakuda

Judge

1-Principal Sub Judge

Decision Date

11th March 2026

Nature of Disposal

Contested--DISMISSED

Acts & Sections

Civil Procedure Code Section 41,1

Petitioner(s)

James

Adv. SUDHIR BABY K.S

Respondent(s)

Devassy Advocate - Lisan.V.P

Hearing History

Judge: 1-Principal Sub Judge

11-03-2026

Disposed

28-02-2026

Order/ Judgement

07-02-2026

FOR HEARING

21-01-2026

FOR HEARING

06-01-2026

FOR HEARING

Final Orders / Judgements

11-03-2026
Judgement

Summary The court dismissed the appellant's appeal and upheld the trial court's decision granting a perpetual injunction in favor of the plaintiff-respondent. The court found that the defendant failed to establish an easement by implied grant over the alleged pathway on the southern boundary of the plaintiff's property, as an advocate commissioner's inspection revealed the entrance was overgrown with vegetation and showed no signs of active use, contradicting the defendant's claim of a continuous and apparent right of way. The court concluded the plaintiff proved the defendant trespassed and encroached upon the property, entitling the plaintiff to injunctive relief. This case analysis is maintained by casestatus.in based on publicly available court records.

casestatus.in Summary

Summary The court dismissed the appellant's appeal and upheld the trial court's decision granting a perpetual injunction in favor of the plaintiff-respondent. The court found that the defendant failed to establish an easement by implied grant over the alleged pathway on the southern boundary of the plaintiff's property, as an advocate commissioner's inspection revealed the entrance was overgrown with vegetation and showed no signs of active use, contradicting the defendant's claim of a continuous and apparent right of way. The court concluded the plaintiff proved the defendant trespassed and encroached upon the property, entitling the plaintiff to injunctive relief. This case analysis is maintained by casestatus.in based on publicly available court records.

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