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ORIGINAL SUIT No. 366 OF 2015

Case between Ayisha et al vs Vattakandi Kumaran regarding right of way

Court
Court of the Munsiff of Tirur
Judge
Smt.NIMMI.K.K., B.Sc., LL.B.
Order Date
2018-11-03
Duration
Approximately 3 years
Case Closed
Sat, 11/03/2018 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

Plaintiff asserts ownership of a property and claims defendant obstructed pathway used for 30+ years resulting in suit for mandatory injunction.

Judgment Outcome

Defendant Won
Interim Order
The court dismissed the suit for a mandatory injunction with costs awarded to the defendant.
Judgment Favored
Defendant
Relief Granted
Dismissal of suit with costs to defendant
Case Type
Civil Suit - Mandatory Injunction
Final Judgment
No
The court dismissed the suit for a mandatory injunction with costs awarded to the defendant.
Key Reasoning:
Plaintiff failed to prove the existence of the pathway and prescriptive right over defendant's property.
Why Defendant Won:
Plaintiff failed to prove the existence of the pathway and prescriptive right over defendant's property.
Supporting Evidence
The plaintiff failed prove the existence of pathway as claimed by him.

Judgment Evidence:

The suit is dismissed with costs to the defendant.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Ayisha
Party Age
65
Relation
W/o K.P.Abdurahiman
Party Role
Plaintiff
Party Name
K.P.Muhammed Abdurahiman Haji
Relation
S/o K.P.Bavakutty (Late)
Party Role
Defendant
Party Name
Vattakandi Kumaran
Party Age
50
Relation
S/o Krishnan
Plaintiffs Documents
Jenm Assignment Deed, Tax Receipt, Certified copy of Partition Deed
Defendants Documents
Common Right Surrender Deed, Jenm Assignment Deed, Receipt (Document)

Advocates

Party Role
Plaintiff
Advocate Name
Sri. K.P.Khaleel Ibrahim
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Sri.E.Muhammed Rafi
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
Sri.C.Shanmughan
Appearance Type
Main Counsel

Reliefs

Relief Type: Mandatory Injunction
Outcome: Refused
Description:
Plaintiff's request for a mandatory injunction to demolish the wall constructed by the defendant was refused by the court.
Evidence:
The plaintiff failed prove the existence of pathway as claimed by him.

Documents & Evidence

Document Type: Jenm Assignment Deed
Submitted By: Plaintiff
Relevance:
Ownership claim over property
Reference:
A1
Document Type: Tax receipt
Submitted By: Plaintiff
Relevance:
Proof of tax payment
Reference:
A2
Document Type: Certified Copy of Partition Deed
Submitted By: Plaintiff
Relevance:
Supporting legal documentation
Reference:
A3
Document Type: Common Right Surrender Deed
Submitted By: Defendant
Relevance:
Document related to defendant's rights
Reference:
B1
Document Type: Receipt
Submitted By: Defendant
Relevance:
Document related to defendant's expenses
Reference:
B3
Document Type: Commission Report
Submitted By: Court
Relevance:
Report submitted to court
Reference:
C1
Document Type: Commission Plan
Submitted By: Court
Relevance:
Plan submitted as court evidence
Reference:
C2

Case Classification

Case Type
Civil Suit - Mandatory Injunction
Category
Injunction and Access Rights
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Prescriptive right over pathway
Case Code
Case between Ayisha et al vs Vattakandi Kumaran regarding right of way
Case Code Year
Case between Ayisha et al vs Vattakandi Kumaran regarding right of way

Quick Facts

Location
Tirur
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Case Filed
Sun, 11/01/2015 - 12:00
Case Closed
Sat, 11/03/2018 - 12:00
From
Thu, 11/01/2018 - 12:00
To
Fri, 11/30/2018 - 12:00
Outcome Confidence
95%

Involved Entities

Private Individual

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