Case Summary
The plaintiffs, Ansad and Nabeesath, are seeking a permanent prohibitory injunction against the defendants, Jameela Beevi and Nadirsha, to prevent them from interfering with a pathway they have been using for access to their properties. The defendants deny the existence of the pathway and claim it belongs solely to them.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction restraining the defendants from interfering with the C schedule pathway.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiffs, granting a permanent prohibitory injunction against the defendants to prevent any alteration or obstruction of the pathway.
Why Plaintiff Won:
The court found that the pathway's existence was satisfactorily established and that the plaintiffs had been using it continuously.
The court found that the pathway's existence was satisfactorily established and that the plaintiffs had been using it continuously.
Losing Side's Weaknesses:
The court found that the pathway's existence was satisfactorily established and that the plaintiffs had been using it continuously.
The court found that the pathway's existence was satisfactorily established and that the plaintiffs had been using it continuously.
Supporting Evidence
Upon an appreciation of the oral and documentary evidence adduced by both sides, it stands satisfactorily established that the pathway described as C schedule is physically in existence on the ground.
Judgment Evidence:
In the result, the suit is decreed with costs as follows: i. Restraining the defendants and their men from altering the width and nature of the C schedule pathway, and from obstructing its use by the plaintiffs and their men.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Ansad
- Party Age
- 44
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Nabeesath
- Party Age
- 44
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Jameela Beevi
- Party Age
- 72
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Nadirsha
- Party Age
- 47
- Relation
- S/o
Plaintiffs Documents
Certified copy of settlement deed No. 1378/2012, Tax receipt, Photocopy of sale deed No. 3143/2008, Tax receipt, Certified copy of sale deed No. 186/2016.
Defendants Documents
Copy of PLP No. 2043/2017, Certified copy of sale deed No. 4876/1966.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- N. Sreekumar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- A. Manoj
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Restraining the defendants from altering the width and nature of the C schedule pathway.
Evidence:
The plaintiffs are entitled to get a decree of permanent prohibitory injunction as prayed for.
Documents & Evidence
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Confers title and right of access through the eastern pathway.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Supportive evidence for the plaint.
Reference:
Ext.A2
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Indicates joint ownership and right of access through the pathway.
Reference:
Ext.A3
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Supportive evidence for the plaint.
Reference:
Ext.A4
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Confirms the pathway's existence and its width.
Reference:
Ext.A5
Document Type:
Legal Service Document
Submitted By:
Defendant
Relevance:
Evidence from the defendants’ side.
Reference:
Ext.B1
Document Type:
Sale deed
Submitted By:
Defendant
Relevance:
Claims the plaintiffs are entitled only to a 3 feet wide access.
Reference:
Ext.B2
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Substantiates the plaintiffs' claim regarding the pathway.
Reference:
Ext.C1
Document Type:
Mahazar
Submitted By:
Court
Relevance:
Document prepared by the Advocate Commissioner regarding the pathway.
Reference:
Ext.C1(a)
Case Classification
Case Type
Civil Suit
Category
Injunction and Access Rights
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Right of way obstruction
Case Code
Case between Ansad et al vs Jameela Beevi et al regarding permanent prohibitory injunction
Case Code Year
Case between Ansad et al vs Jameela Beevi et al regarding permanent prohibitory injunction