Original Suit No. 86 OF 2014

Case between Asharaf.O. et al vs Rasheed @ Kunhippa et al regarding injunction of right of way

Court

Court of the Munsiff of Tirur

Judge

Smt. VINCY.T.V.

Order Date

2017-12-01

Duration

3 years

Case Closed

Fri, 12/01/2017 - 12:00

Judgement document from eCourt website

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Case Summary

Plaintiffs seek injunction against defendants to prevent obstruction of their right of way to access their property.

Judgment Outcome

Plaintiff Won

Interim Order

The court granted permanent prohibitory injunction restraining defendants from obstructing plaintiffs in their use of right of way.

Judgment Favored

Plaintiff

Relief Granted

Permanent prohibitory injunction

Case Type

Civil Suit - Injunction

Final Judgment

The court granted permanent prohibitory injunction restraining defendants from obstructing plaintiffs in their use of right of way.

Why Plaintiff Won:
Explain the main legal reasoning and evidentiary basis for granting injunction.

Losing Side's Weaknesses:
Not available

Supporting Evidence

PW1 provided evidence supporting plaintiffs' right of way through B schedule property and defendants' obstruction.

Judgment Evidence:

Suit is decreed as follows: Defendants are directed to refrain from obstructing plaintiffs' peaceful use of right of way for entry to their property. Defendants shall pay costs to the plaintiff.

Parties Involved

Parties

Party Role: Plaintiff
Party Name: Asharaf.O.
Party Age: 38
Relation: S/o Kunhimuhammed

Party Role: Plaintiff
Party Name: Umaiba
Party Age: 30
Relation: Wife of Asharaf.O.

Party Role: Defendant
Party Name: Rasheed @ Kunhippa
Party Age: 40
Relation: S/o Hamza.K.M.

Party Role: Defendant
Party Name: Jubairiya
Party Age: 35
Relation: Wife of Rasheed @ Kunhippa

Plaintiffs Documents

Certified copy of Jenm assignment deed dated 9-1-2004.

Defendants Documents

Advocates

Party Role: Plaintiff
Advocate Name: Sri. K.P.Shareef
Appearance Type: Main Counsel

Party Role: Defendant
Advocate Name: Sri. V.Chandrasekharan
Appearance Type: Assisting Counsel

Reliefs

Relief Type: Permanent Prohibitory Injunction

Outcome: Granted

Description:

To prevent obstruction of plaintiffs in their use of right of way for entry to their property

Evidence:

Suit is decreed as follows: Defendants are directed to refrain from obstructing plaintiffs' peaceful use of right of way for entry to their property. Defendants shall pay costs to the plaintiff.

Documents & Evidence

Document Type: Certified Copy of Jenm Assignment deed

Submitted By: Plaintiff

Relevance:

Provides evidence of property ownership and assignment.

Reference:

Case Classification