Manisha Mahendra Gala v. Shalini Bhagwan Avatramani
2024 INSC 293 · Supreme Court
An easement of necessity under Section 13 requires necessity for enjoying the dominant heritage; an available alternative route defeats that claim.
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In the Court of the V Senior Civil Judge
Ranga Reddy District · L.B. Nagar
I, , aged years, residing at , the Plaintiff in the above matter, do hereby solemnly affirm and state that I am acquainted with the facts and records of the suit.
1). I am the Plaintiff in the above suit and am competent to swear to this affidavit. The matter is posted for plaintiff evidence before this Hon'ble Court.
2). The accompanying documents and authorities have been reviewed for the next hearing. The statements made herein are true to my knowledge and based on the records maintained in the ordinary course.
3). Personal names, addresses, signatures and identifying particulars are intentionally redacted in this public demonstration copy.
Wherefore
It is therefore prayed that this Hon'ble Court may be pleased to receive this affidavit and pass such orders as the Court deems fit.
Verification
Verified at L.B. Nagar that the contents above are true and correct to the best of my knowledge and belief. No material fact has been concealed.
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2024 INSC 293 · Supreme Court
An easement of necessity under Section 13 requires necessity for enjoying the dominant heritage; an available alternative route defeats that claim.
(2010) 2 SCC 689 · Supreme Court
A pathway easement may arise by implied grant where the surrounding facts, prior use, and conduct demonstrate the grantor’s intention.
(2005) 1 SCC 471 · Supreme Court
A prescriptive easement requires specific pleading and proof of peaceful, open, uninterrupted, as-of-right use for the statutory period.
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ODR Case File
Suresh Kumar Reddyv.Vikram Reddy
LBH-ODR-2024/0247·Borewell easement · Ranga Reddy District
Filed
15.12.2024
Claim filed · fee paid
Notice Served
16.12.2024
Email + SMS delivery
Video Hearing
28.12.2024
Both parties · 47 min
Award Drafted
29.12.2024
Source-linked citations · §15 IEA
Aadhaar eSigned
30.12.2024
Provider audit trail · both parties
SETTLEMENT AWARD
WHEREAS the parties dispute access to the jointly owned borewell at Survey No. 78, Village Chevella, Ranga Reddy District, and have voluntarily submitted to mediation under the Mediation Act, 2023, this Tribunal records the following terms of settlement:
1). Both parties shall enjoy unrestricted access to the borewell on alternate days commencing 01.01.2025.
2). The locked gate installed on 18.11.2024 shall be removed by Vikram Reddy within seven days of this Award.
3). Plaintiff withdraws O.S. No. 120 of 2025 before the V Senior Civil Judge, Ranga Reddy District, with no order as to costs.
Plaintiff · Aadhaar eSign
Suresh Kumar Reddy
XXXX-XXXX-1000
30.12.2024 14:23 IST
Defendant · Aadhaar eSign
Vikram Reddy
XXXX-XXXX-1137
30.12.2024 14:51 IST
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