Case Summary
Arimanichola lyyachakkutty is the plaintiff, and Ayinikkal Ibrahim and Pambantekath Muahammad Haji are the defendants. The case involves a dispute over whether the plaint schedule property is a public way and seeks a perpetual injunction against the defendants from obstructing the construction of a compound wall.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
Key Reasoning:
The defendants established the existence of a public way, which the plaintiff failed to disprove.
The defendants established the existence of a public way, which the plaintiff failed to disprove.
Judgment Evidence:
In the result, the suit is dismissed without cost.
Parties Involved
Plaintiffs
Arimanichola lyyachakkutty (60 years years)
Thanaloor amsom, desom and Post, Tirur Taluk, Pin: 676 307
Defendants
Ayinikkal Ibrahim (35 years years)
Pambantekath Muahammad Haji (60 years years)
Reliefs
Relief Type:
Declaration
Outcome:
Refused
Description:
Plaintiff sought a declaration that the Plaint schedule property is not a public way.
Evidence:
The plaintiff has failed to establish that the disputed way is only a temporary arrangement made for taking building materials to the house of D1 and D2.
Relief Type:
Permanent Injunction
Outcome:
Refused
Description:
Plaintiff sought a perpetual injunction restraining the defendants from obstructing construction of compound wall.
Evidence:
The evidence with respect to the construction of compound wall before the Court is contradictory to pleadings in the plaint.
Documents & Evidence
Document Type:
Jenm Assignment Deed
Submitted By:
Plaintiff
Relevance:
Establishes the plaintiff's title over the Plaint schedule property.
Reference:
Ext.A1
Document Type:
Certified copy of Delivery report of Amin
Submitted By:
Plaintiff
Relevance:
Documents delivery of possession as part of the earlier court proceedings.
Reference:
Ext.A2
Document Type:
Jenm Assignment Deed
Submitted By:
Plaintiff
Relevance:
Shows the historical title of the property prior to the plaintiff.
Reference:
Ext.A3
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Pertains to the plaint schedule property, supporting the plaintiff's claim.
Reference:
Ext.A4
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Contains findings regarding the disputed road and property.
Reference:
Ext.C1
Document Type:
Commission Plan
Submitted By:
Court
Relevance:
Visually documents the state of the disputed property.
Reference:
Ext.C2
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Reports on the ongoing status of the public way contention.
Reference:
Ext.C3
Document Type:
Commission Plan
Submitted By:
Court
Relevance:
Further illustrates the findings of the commissioner related to the property.
Reference:
Ext.C4