Case Summary
Achutty Umma, the plaintiff, filed a suit seeking perpetual injunction against Asya and others to prevent obstruction and construction on her property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction
Case Type
Civil Suit - Injunction
Final Judgment
No
The court decreed a permanent prohibitory injunction against the defendants and ordered them to pay costs of the suit.
Why Plaintiff Won:
The plaintiff provided cogent and reliable evidence to prove her exclusive ownership and possession of the property, along with historical documentation and survey plans.
The plaintiff provided cogent and reliable evidence to prove her exclusive ownership and possession of the property, along with historical documentation and survey plans.
Losing Side's Weaknesses:
The plaintiff provided cogent and reliable evidence to prove her exclusive ownership and possession of the property, along with historical documentation and survey plans.
The plaintiff provided cogent and reliable evidence to prove her exclusive ownership and possession of the property, along with historical documentation and survey plans.
Supporting Evidence
Eventhough D1 & D4 appeared through their counsel no written statement has been filed. D2 & D3 opted to remain exparte. Power of Attorney Holder of PW1 filed Chief affidavit in lieu of examination in chief. Ext.A1 to A5 were marked. Hear...
Judgment Evidence:
Suit is for perpetual Injunction. Hence the suit is decreed as follows:
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Achutty Umma
- Party Age
- 88
- Relation
- W/o. Perungott thodiyil Muhammed, D/o. Hydross Kutty
- Party Role
- Defendant
- Party Name
- Asya
- Party Age
- 55
- Relation
- W/o. Deceased Kunnathodi Muhammed
- Party Role
- Defendant
- Party Name
- Ameerali
- Party Age
- 30
- Party Role
- Defendant
- Party Name
- Askar
- Party Age
- 25
- Party Role
- Defendant
- Party Name
- Shoukath
- Party Age
- 24
Plaintiffs Documents
Avakashatheeradharam, Copy of Pattayam, Receipt, Notice and Survey plan
Defendants Documents
Not Applicable
Advocates
Reliefs
Relief Type:
Injunction
Outcome:
Granted
Description:
Permanent prohibitory injunction against defendants
Evidence:
Suit is for perpetual Injunction.
Relief Type:
Costs
Outcome:
Granted
Description:
Defendants are directed to pay costs of the suit
Evidence:
Documents & Evidence
Document Type:
Avakashatheeradharam
Submitted By:
Plaintiff
Relevance:
Historical document related to property ownership
Reference:
A1
Document Type:
Survey Plan
Submitted By:
Plaintiff
Relevance:
Survey plan of the property
Reference:
A5
Case Classification
Case Type
Civil Suit - Injunction
Category
Injunction and Access Rights
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Property boundary dispute
Case Code
Case between Achutty Umma vs Asya et al regarding perpetual Injunction
Case Code Year
Case between Achutty Umma vs Asya et al regarding perpetual Injunction