Case Summary
Alachambatt Bava Haji filed a suit against Edayath Hamza and others seeking a permanent injunction to restrain them from causing obstruction to access a specific property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Perpetual Injunction
Case Type
Civil Suit - Perpetual Injunction
Final Judgment
No
The court decreed a perpetual injunction restraining the defendants from causing any obstruction to the plaintiff in using the specified way.
Why Plaintiff Won:
The plaintiff provided cogent and reliable evidence to prove exclusive ownership and entitlement to the relief sought.
The plaintiff provided cogent and reliable evidence to prove exclusive ownership and entitlement to the relief sought.
Losing Side's Weaknesses:
The plaintiff provided cogent and reliable evidence to prove exclusive ownership and entitlement to the relief sought.
The plaintiff provided cogent and reliable evidence to prove exclusive ownership and entitlement to the relief sought.
Supporting Evidence
The plaintiff provided cogent and reliable evidence to prove his case.
Judgment Evidence:
The plaintiff is entitled to realize the cost of the suit from the defendants.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Alachambatt Bava Haji
- Party Age
- 60
- Relation
- S/o. Muhammed
- Party Role
- Defendant
- Party Name
- Edayath Hamza
- Party Age
- 45
- Relation
- S/o. Alavikkutty
- Party Role
- Defendant
- Party Name
- Chalakkaparambil Fahad
- Party Age
- 30
- Relation
- S/o. Abdul Azees
- Party Role
- Defendant
- Party Name
- Chalakkaparambil Faisal
- Party Age
- 2
- Relation
- S/o. Abdul Azees
- Party Role
- Defendant
- Party Name
- Naduvil Kooriyil Manikandan
- Party Age
- 45
- Relation
- S/o. Madhavan Nair
Plaintiffs Documents
Ext. A1: Power of attorney holder document, Ext. A2: Tax receipt, Ext. A3: Copy of Jenm Assignment deed, Ext. A4: Copy of Joint Release Deed, Ext. A5: Receipt issued by District Police
Defendants Documents
Not available
Advocates
- Party Role
- Plaintiff
- Advocate Name
- K.P. Khaleel Ibrahim
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- K.M. Shihab
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Perpetual Injunction
Outcome:
Granted
Description:
Restrained defendants from causing obstruction to plaintiff in using specified way
Evidence:
The plaintiff is entitled to realize the cost of the suit from the defendants.
Documents & Evidence
Document Type:
Power of Attorney Holder Document
Submitted By:
Plaintiff
Relevance:
Proof of ownership
Reference:
Ext. A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Financial evidence
Reference:
Ext. A2
Document Type:
Copy of Jenm Assignment Deed
Submitted By:
Plaintiff
Relevance:
Property ownership proof
Reference:
Ext. A3
Document Type:
Copy of Joint Release Deed
Submitted By:
Plaintiff
Relevance:
Ownership document
Reference:
Ext. A4
Document Type:
Receipt
Submitted By:
Plaintiff
Relevance:
Document issued by District Police
Reference:
Ext. A5
Document Type:
Commissioner Report
Submitted By:
Court
Relevance:
Official report
Reference:
C1
Document Type:
Sketch
Submitted By:
Court
Relevance:
Visual representation
Reference:
C2
Document Type:
Commissioner Report
Submitted By:
Court
Relevance:
Official report
Reference:
C3
Document Type:
Sketch
Submitted By:
Court
Relevance:
Visual representation
Reference:
C4
Case Classification
Case Type
Civil Suit - Perpetual Injunction
Category
Injunction and Access Rights
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Property dispute
Case Code
Case between Alachambatt Bava Haji vs Edayath Hamza et al regarding perpetual injunction
Case Code Year
Case between Alachambatt Bava Haji vs Edayath Hamza et al regarding perpetual injunction