Case Summary
Ayisha Veettil Muhammed Basheer, the plaintiff, is seeking an injunction against the defendant, Pariyarath Abdul Latheef, who has allegedly attempted to obstruct access to the plaintiff's property via a road. The plaintiff claims a right of easement to use this road, which the defendant denies.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction
Case Type
Injunction
Final Judgment
No
Why Plaintiff Won:
The plaintiff proved his right of easement over the B schedule road, which is necessary for access to his property.
The plaintiff proved his right of easement over the B schedule road, which is necessary for access to his property.
Judgment Evidence:
In the result, the suit is decreed with cost as follows: The defendant and his men are restrained, by way of permanent prohibitory injunction, from causing any obstruction to the user of the B schedule road by the plaintiff.
Parties Involved
Plaintiffs
Ayisha Veettil Muhammed Basheer (43 years years)
Post Pookkayil Bazar, Tirur Taluk. PIN 676 107
Defendants
Pariyarath Abdul Latheef (56 years years)
Post Pookkayil Bazar, Tirur Taluk. PIN 676 107
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
The defendant and his men are restrained from causing any obstruction to the user of the B schedule road by the plaintiff.
Evidence:
The plaintiff is entitled to get a perpetual injunction restraining the defendant from causing any obstruction to use of the B schedule road.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff entitled to realise the costs of the suit from the defendant.
Evidence:
I find no reason to deviate from the normal rule. So, the plaintiff is entitled to realise the cost of the suit from defendant.
Documents & Evidence
Document Type:
Jenam Assignment Deed
Submitted By:
Plaintiff
Relevance:
Plaintiff claims right of easement by grant over the B schedule road by virtue of this document.
Reference:
Ext.A1
Document Type:
Location Map
Submitted By:
Plaintiff
Relevance:
Shows the existence of B schedule road on the northern side of the plaint A schedule property.
Reference:
Ext.A2
Document Type:
Kanam Assignment Deed
Submitted By:
Plaintiff
Relevance:
Pertains to property ownership relevant to the case.
Reference:
Ext.A3
Document Type:
Agreement
Submitted By:
Plaintiff
Relevance:
Details permissions related to usage of the B schedule road.
Reference:
Ext.A4
Document Type:
Jenam Assignment Deed
Submitted By:
Plaintiff
Relevance:
Contains recitals about the right to use the B schedule road.
Reference:
Ext.A5
Document Type:
Photos
Submitted By:
Plaintiff
Relevance:
Shows the nature and lie of the B schedule road.
Reference:
Ext.A6 Series
Document Type:
Photos
Submitted By:
Plaintiff
Relevance:
Shows the nature and lie of the B schedule road.
Reference:
Ext.A7 Series
Document Type:
Agreement
Submitted By:
Plaintiff
Relevance:
Details permissions related to usage of the B schedule road.
Reference:
Ext.A8
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Tax record for the property.
Reference:
Ext.A9
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Tax record for the property.
Reference:
Ext.A10
Document Type:
Building construction License fee receipt
Submitted By:
Plaintiff
Relevance:
Shows legal permission for construction.
Reference:
Ext.A11
Document Type:
Building Permit
Submitted By:
Plaintiff
Relevance:
Details the legal building plans for the plaintiff's house.
Reference:
Ext.A12
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Tax record for the property.
Reference:
Ext.A13
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Tax record for the property.
Reference:
Ext.A14
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Tax record for the property.
Reference:
Ext.A15
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Tax record for the property.
Reference:
Ext.A16
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Tax record for the property.
Reference:
Ext.A17
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Tax record for the property.
Reference:
Ext.A18
Document Type:
Occupation Certificate
Submitted By:
Plaintiff
Relevance:
Certification of occupancy of the property.
Reference:
Ext.A19
Document Type:
Jenam Assignment Deed
Submitted By:
Plaintiff
Relevance:
Provides ownership details relevant to the case.
Reference:
Ext.A20
Document Type:
Jenam Assignment Deed
Submitted By:
Defendant
Relevance:
Establishes ownership of property relevant to the defendant's claims.
Reference:
Ext.B1
Document Type:
Jenam Assignment Deed
Submitted By:
Defendant
Relevance:
Documents transfer of property ownership.
Reference:
Ext.B2
Document Type:
Settlement Deed
Submitted By:
Defendant
Relevance:
Establishes additional properties relevant to the dispute.
Reference:
Ext.B3
Document Type:
Kanam Assignment Deed
Submitted By:
Defendant
Relevance:
Ownership details of property for the defendant.
Reference:
Ext.B4
Document Type:
Field Map
Submitted By:
Defendant
Relevance:
Indicates disputed property location.
Reference:
Ext.B5
Document Type:
Field Map
Submitted By:
Defendant
Relevance:
Indicates disputed property location.
Reference:
Ext.B6
Document Type:
Jenam Assignment Deed
Submitted By:
Defendant
Relevance:
Transfer of property relevant to the case.
Reference:
Ext.B7
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Details findings on property dispute.
Reference:
Ext.C1
Document Type:
Commission Plan
Submitted By:
Court
Relevance:
Visual evidence regarding the property layout.
Reference:
Ext.C2
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Details findings on property dispute.
Reference:
Ext.C3
Document Type:
Commission Plan
Submitted By:
Court
Relevance:
Visual evidence regarding the property layout.
Reference:
Ext.C4
Document Type:
Agreement
Submitted By:
Unknown
Relevance:
Original of agreement pertinent to road usage dispute.
Reference:
Ext.X1