Case Summary
Plaintiff seeks perpetual injunction against defendants to prevent obstruction of a way to access his property purchased in Tirur.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Perpetual Injunction
Case Type
Civil Suit - Perpetual Injunction
Final Judgment
No
The court granted the plaintiff a perpetual injunction restraining the defendants from obstructing his access to the property via the way.
Why Plaintiff Won:
The plaintiff proved his exclusive ownership and possession of the way and demonstrated that the defendants had no right to obstruct his access.
The plaintiff proved his exclusive ownership and possession of the way and demonstrated that the defendants had no right to obstruct his access.
Losing Side's Weaknesses:
The plaintiff proved his exclusive ownership and possession of the way and demonstrated that the defendants had no right to obstruct his access.
The plaintiff proved his exclusive ownership and possession of the way and demonstrated that the defendants had no right to obstruct his access.
Supporting Evidence
The plaintiff has every right to use the said way and the defendants have no right to obstruct him due to his proven ownership and possession of the way.
Judgment Evidence:
In the result, the suit is decreed as follows: 1. The defendants and their men are restrained by a perpetual injunction from causing any obstruction to the plaintiff in using the plaint B schedule way for his entry with vehicular access to plaint 'A' schedule item No.1. 2. The plaintiff is entitled to realise the cost of the suit from the defendants.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Alachambatt Bava Haji
- Party Age
- 60
- Relation
- Son of Muhammed
- Party Role
- Defendant
- Party Name
- Edayath Hamza
- Party Age
- 45
- Relation
- Son of Alavikkutty
- Party Role
- Defendant
- Party Name
- Chalakkaparambil Fahad
- Party Age
- 30
- Relation
- Son of Abdul Azees
- Party Role
- Defendant
- Party Name
- Chalakkaparambil Faisal
- Party Age
- 25
- Relation
- Son of Abdul Azees
- Party Role
- Defendant
- Party Name
- Naduvil Kooriyil Manikandan
- Party Age
- 45
- Relation
- Son of Madhavan Nair
Plaintiffs Documents
Jenm Assignment deed No.488/97, Tax receipt etc.
Defendants Documents
Copy of Jenm Assignment deed dated;18-1-2008, Copy of Jenm Assignment deed dated 7-1-1985, etc.
Advocates
Reliefs
Relief Type:
Perpetual Injunction
Outcome:
Granted
Description:
Restrained defendants from obstructing plaintiff's access via the way
Evidence:
In the result, the suit is decreed as follows: 1. The defendants and their men are restrained by a perpetual injunction from causing any obstruction to the plaintiff in using the plaint B schedule way for his entry with vehicular access to plaint 'A' schedule item No.1. 2. The plaintiff is entitled to realise the cost of the suit from the defendants.
Documents & Evidence
Document Type:
Jenm Assignment Deed
Submitted By:
Plaintiff
Relevance:
Proved exclusive ownership and possession of the plaint A schedule property
Reference:
No.488/97
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Relevant for the case
Reference:
22-01-2014
Document Type:
Jenm Assignment Deed
Submitted By:
Defendant
Relevance:
Submitted by the defendant
Reference:
dated;18-1-2008
Document Type:
Commissioner Report
Submitted By:
Court
Relevance:
Reported specific details about the property
Reference:
13-03-2014
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
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