ORIGINAL SUIT NO. 222 OF 2014

Case between Afsath vs Abdullakkutty et al regarding perpetual injunction

Court

Court of the Munsiff of Tirur

Judge

Smt. Vincy.T.V.

Order Date

2017-06-15

Duration

3 years

Case Closed

Thu, 06/15/2017 - 12:00

Judgement document from eCourt website

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Case Summary

Plaintiff filed suit seeking perpetual injunction to prevent obstruction of her right of way to access her property by the defendants.

Judgment Outcome

Plaintiff Won

Interim Order

The court decreed in favor of the plaintiff granting perpetual injunction to prevent the defendants from obstructing plaintiff's use of the right of way.

Judgment Favored

Plaintiff

Relief Granted

Perpetual Injunction

Case Type

Civil Suit - Perpetual Injunction

Final Judgment

The court decreed in favor of the plaintiff granting perpetual injunction to prevent the defendants from obstructing plaintiff's use of the right of way.

Why Plaintiff Won:
The plaintiff successfully proved her right to the easement over the way in dispute through documents and testimonies.

Losing Side's Weaknesses:
The plaintiff successfully proved her right to the easement over the way in dispute through documents and testimonies.

Supporting Evidence

It is evident from the documents and testimonies that the plaintiff had a valid right to the easement over the disputed way which was recognized and maintained through various transactions and agreements.

Judgment Evidence:

S.35 of the Indian Easements Act provides that an injunction may be granted to restrain the disturbance of an easement. The court decreed a perpetual injunction restraining the defendants from obstructing plaintiff's use of the way.

Parties Involved

Parties

Party Role: Plaintiff
Party Name: Afsath
Party Age: 47
Relation: W/o. Vadekke Ananthavil Muhammedali

Party Role: Defendant
Party Name: Abdullakkutty. C.K
Party Age: 60

Party Role: Defendant
Party Name: Shaharban
Party Age: 55
Relation: W/o. Abdullakutty. C.K

Plaintiffs Documents

Jenm Assignment deed.No.2562/2003, Jenm Assignment Deed. No. 649/2004, Certified copy of Kanam Theeradharam No. 3062/2000, Copy of partition deed. No 202/1992

Defendants Documents

Jenm Assignment Deed No. 3059/2000, Jenm Assignment Deed. No. 3327/2000

Advocates

Reliefs

Relief Type: Perpetual Injunction

Outcome: Granted

Description:

To prevent defendants from obstructing plaintiff's use of the right of way

Evidence:

S.35 of the Indian Easements Act provides that subject to the provisions of the Specific Relief Act, an injunction may be granted to restrain the disturbance of an easement. Since there is a disturbance to easement the plaintiff is entitled to get a decree as prayed for.

Documents & Evidence

Document Type: Jenm Assignment Deed

Submitted By: Plaintiff

Relevance:

Proved plaintiff's ownership and right to the property

Reference:

No. 2562/2003