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O.S. No. 626 /2022

Case between Aseeb vs Nahas et al regarding permanent prohibitory injunction

Court
Munsiff Court, Ernakulam
Judge
Smt. Needi.K.Dinamany
Order Date
2025-06-23
Duration
approximately-3 years 21 days
Case Closed
Mon, 06/23/2025 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

The plaintiff, Aseeb, a senior citizen, is seeking a permanent prohibitory injunction to prevent the defendants from obstructing his access to a pathway that he claims is essential for ingress and egress to his property. The defendants, relatives of the plaintiff, contest the existence of the claimed pathway and the plaintiff's rights over it.

Judgment Outcome

Defendant Won
Interim Order
The court dismissed the suit filed by the plaintiff, concluding that he failed to prove any legal right over the claimed pathway. The defendants were found to be the true owners of the property.
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court dismissed the suit filed by the plaintiff, concluding that he failed to prove any legal right over the claimed pathway. The defendants were found to be the true owners of the property.
Key Reasoning:
The plaintiff could not substantiate his claim to an easementary right, as it was not proven that any such right existed.
Why Defendant Won:
The plaintiff could not substantiate his claim to an easementary right, as it was not proven that any such right existed.
Supporting Evidence
The court noted that the plaintiff's claim of an easement by implied grant was not proven, and no legal right of way had been established over the pathway claimed.

Judgment Evidence:

In the result, suit is dismissed with costs.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Aseeb
Party Age
62
Relation
S/o
Party Role
Defendant
Party Name
Nahas
Party Age
60
Relation
S/o
Party Role
Defendant
Party Name
Fawas
Party Age
38
Relation
S/o
Party Role
Defendant
Party Name
Umaiba
Party Age
64
Relation
W/o
Party Role
Defendant
Party Name
Fanseena Fayas
Party Age
35
Relation
D/o
Plaintiffs Documents
Certified copy of the partition deed no: 867/1987, Certified copy of Sale deed no: 1522/1983, Certified copy of registered agreement no: 3673/2005, Original land tax receipt issued by Maradu Village Office
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Manoj P Kunjachan
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Sunil Jacob
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
P Haridas
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Biju Hariharan
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
Shijimol M Mathew
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
Shijin P C
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
Rishikesh Haridas
Appearance Type
Assisting Counsel

Reliefs

Relief Type: Permanent Injunction
Outcome: Refused
Description:
The plaintiff sought a permanent injunction to restrain the defendants from obstructing his use of the plaint B schedule pathway.
Evidence:
Therefore, the plaintiff is not entitled to the injunction as claimed.

Documents & Evidence

Document Type: Partition Deed
Submitted By: Plaintiff
Relevance:
The document establishes the plaintiff's ownership of the A schedule property.
Reference:
Ext.A1
Document Type: Sale deed
Submitted By: Plaintiff
Relevance:
The document relates to the 1st defendant's purchase of land.
Reference:
Ext.A2
Document Type: Registered Agreement
Submitted By: Plaintiff
Relevance:
The document records the agreement for the formation of a common pathway.
Reference:
Ext.A3
Document Type: Land Tax Receipt
Submitted By: Plaintiff
Relevance:
The document serves as evidence of land tax payment related to the property.
Reference:
Ext.A4
Document Type: Commission Report
Submitted By: Court
Relevance:
The document identifies the plaint B schedule property and its boundaries.
Reference:
Ext.C1
Document Type: Rough Sketch
Submitted By: Court
Relevance:
The document accompanies the commission report to illustrate the pathway.
Reference:
Ext.C1(a)

Case Classification

Case Type
Civil Suit
Category
Injunction and Access Rights
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Non-payment of rent
Case Code
Case between Aseeb vs Nahas et al regarding permanent prohibitory injunction
Case Code Year
Case between Aseeb vs Nahas et al regarding permanent prohibitory injunction

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Thu, 06/23/2022 - 12:00
Case Closed
Mon, 06/23/2025 - 12:00
From
Sun, 06/01/2025 - 12:00
To
Mon, 06/30/2025 - 12:00
Outcome Confidence
85%

Involved Entities

Private Individual

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