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O.S. No. 838/2018

Case between Ahalaya vs Nishu Jaffar et al regarding permanent prohibitory and mandatory injunction

Court
Court of the Third Addl. Munsiff & Rent Controller, Ernakulam
Judge
Smt. Reeja R. Nair
Order Date
2025-06-19
Duration
approximately-7 years 2 months 14 days
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

The plaintiff, Ahalaya, claims ownership and rights over a pathway which the defendants, Nishu Jaffar and Jaffar Pazhangadi Hassan, obstructed. The case involves a dispute over the legal rights of way and encroachments by the defendants on the plaintiff's property.

Judgment Outcome

Plaintiff Won
Interim Order
The court found in favor of the plaintiff, granting her the right to remove the encroachments made by the defendants and issuing a permanent injunction against further obstruction.
Judgment Favored
Plaintiff
Relief Granted
Defendants to remove encroachments and a permanent prohibitory injunction against further obstruction.
Case Type
Civil Suit
Final Judgment
No
The court found in favor of the plaintiff, granting her the right to remove the encroachments made by the defendants and issuing a permanent injunction against further obstruction.
Why Plaintiff Won:
The court concluded that the plaintiff had a lawful right of way based on the documentation and consistent historical use.
Losing Side's Weaknesses:
The court concluded that the plaintiff had a lawful right of way based on the documentation and consistent historical use.
Supporting Evidence
The plaintiff’s predecessors had been using the plaint B schedule way even prior to the deed of settlement exhibit A2 towards ingress and egress to the plaint A schedule property.

Judgment Evidence:

In the result, the suit is decreed with costs as follows; (i) The defendants are directed to remove C scheduled tiles paved portion and D scheduled tress work constructed over the portion of the plaint B schedule pathway within 30 days from the date of this judgment. (ii) The defendants and men under them are restrained by way of permanent prohibitory injunction from making any further obstruction to the use of plaint B schedule pathway.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Ahalaya
Party Age
63
Relation
W/o Raju A.R
Party Role
Defendant
Party Name
Nishu Jaffar
Party Age
37
Relation
W/o. Jaffar Pazhangadi Hassan
Party Role
Defendant
Party Name
Jaffar Pazhangadi Hassan
Party Age
40
Relation
S/o. Hassan
Plaintiffs Documents
Certified copy of Sale Deed No. 338/1983, Certified copy of Sale Deed No. 4786/1992, True copy of building tax receipt
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
T.N. Suresh
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
V.S. Anumon
Appearance Type
Assisting Counsel
Party Role
Plaintiff
Advocate Name
Chinju Duth A.S
Appearance Type
Assisting Counsel
Party Role
Plaintiff
Advocate Name
Dhanuja Vettathu
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
Nishad P.K.
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Rasheed K.A.
Appearance Type
Assisting Counsel

Reliefs

Relief Type: Mandatory Injunction
Outcome: Granted
Description:
Directing removal of encroachments on the pathway.
Evidence:
The plaintiff is entitled to a decree of mandatory and permeant prohibitory injunction as sought for.
Relief Type: Permanent Injunction
Outcome: Granted
Description:
Restraining defendants from further obstruction or alteration of the pathway.
Evidence:
The defendants and men under them are restrained by way of permanent prohibitory injunction from making any further obstruction to the use of plaint B schedule pathway.

Documents & Evidence

Document Type: Sale deed
Submitted By: Plaintiff
Relevance:
Establishes the plaintiff's right of way over the pathway.
Reference:
Ext.A1
Document Type: Settlement Deed
Submitted By: Plaintiff
Relevance:
Confirms the right of way granted to the plaintiff.
Reference:
Ext.A2
Document Type: Building Tax Receipt
Submitted By: Plaintiff
Relevance:
Supports the plaintiff's ownership of the property.
Reference:
Ext.A3
Document Type: Commission Report
Submitted By: Court
Relevance:
Provides evidence regarding the condition of the pathway.
Reference:
Ext.C1
Document Type: Sketch
Submitted By: Court
Relevance:
Illustrates the layout of the contested pathway.
Reference:
Ext.C1(a)
Document Type: Photograph
Submitted By: Plaintiff
Relevance:
Shows the current condition of the pathway.
Reference:
Ext.A4
Document Type: Certification
Submitted By: Plaintiff
Relevance:
Certifies the photograph marked in evidence.
Reference:
Ext.A4(a)

Case Classification

Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between Ahalaya vs Nishu Jaffar et al regarding permanent prohibitory and mandatory injunction
Case Code Year
Case between Ahalaya vs Nishu Jaffar et al regarding permanent prohibitory and mandatory injunction

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Thu, 04/05/2018 - 12:00
Case Closed
From
Sun, 06/01/2025 - 12:00
To
Mon, 06/30/2025 - 12:00
Outcome Confidence
90%

Involved Entities

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