Case Summary
Aseeb, the plaintiff, is seeking an injunction against Nahas and others to prevent them from obstructing access to a pathway essential for ingress and egress to his property. The dispute centers around a pathway that both parties claim rights over, established through an oral agreement.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Witness list accepted only with respect to 2nd witness.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The court found it appropriate to accept the witness list regarding the 2nd witness for proper adjudication of the case.
The court found it appropriate to accept the witness list regarding the 2nd witness for proper adjudication of the case.
Judgment Evidence:
In the result, the petition is allowed partly. Witness list is accepted only with respect to 2nd witness. Issue summons to 2nd witness in the witness list.
Parties Involved
Plaintiffs
Aseeb (65 years years)
Afsal Mandiram, Nettoor P O, Maradu Village, Kanayannoor Taluk, Ernakulam District, Pin- 682040
Defendants
Nahas (62 years years)
6124, Prestige Courtyard, Marine Drive, Kanayannoor Taluk, Ernakulam District, Pin- 682918
Fawas (40 years years)
Afsal Mandiram, Nettoor P O, Maradu Village, Kanayannoor Taluk, Ernakulam District, Pin- 682040
Umaiba (66 years years)
Afsal Mandiram, Nettoor P O, Maradu Village, Kanayannoor Taluk, Ernakulam District, Pin- 682040
Fanseena Fayas (37 years years)
Nadakkaparambil, Changabuzha Nagar, Kalamassery, Ernakulam District, Pin- 682033
Reliefs
Relief Type:
Injunction
Outcome:
Partly Granted
Description:
The petitioner seeks to array the 1st defendant as the witness on behalf of the plaintiff.
Evidence:
On perusal of affidavit accompanying the petition, counter affidavit and the decisions cited above this court is of view that summons need not be issued to 1st witness in the witness list ie, the 1st defendant to the suit.
Relief Type:
Injunction
Outcome:
Granted
Description:
Issuance of summons to the 2nd witness in the witness list.
Evidence:
Issue summons to 2nd witness in the witness list.
Documents & Evidence
Document Type:
Witness List
Submitted By:
Plaintiff
Relevance:
Document related to the witnesses whom the plaintiff intends to summon.
Reference:
Document Type:
Oral Evidence
Submitted By:
Plaintiff
Relevance:
The plaintiff was examined as PW1 in the above case.
Reference:
Document Type:
Exhibits
Submitted By:
Plaintiff
Relevance:
These exhibits were marked during the proceedings.
Reference:
Exts.A1 to A4