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
The court ruled in favor of the plaintiff, granting a permanent prohibitory injunction against the defendant. The defendant is restrained from obstructing the plaintiff's use of the B schedule road.
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.
Losing Side's Weaknesses:
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.
Supporting Evidence
The evidence on record shows that the plaintiff has established his right of easement by grant over the property comprised in Resurvey 148/2, as claimed in the plaint.
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
Parties
- Party Role
- Plaintiff
- Party Name
- Ayisha Veettil Muhammed Basheer
- Party Age
- 43
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Pariyarath Abdul Latheef
- Party Age
- 56
- Relation
- S/o
Plaintiffs Documents
Registration copy of Jenm Assignment Deed Doc. No. 2620/2006, Location Map of R.S. 159, Certified copy of Kanam Assignment deed (Doc.No.1038/1977), Notary attested copy of agreement.
Defendants Documents
Certified copy of Jenm Assignment Deed Doc.No.190/1997, Certified copy of Jenm Assignment Deed Doc. No 2176/2013
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. E.C.Suresh
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri.Yoonus Ali Chatheri
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.C.Nandakumar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Smt.Deepa Gopinath
- Appearance Type
- Assisting Counsel
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
Case Classification
Case Type
Injunction
Category
Other Civil Cases
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Case Code
Case between Ayisha Veettil Muhammed Basheer vs Pariyarath Abdul Latheef regarding injunction
Case Code Year
Case between Ayisha Veettil Muhammed Basheer vs Pariyarath Abdul Latheef regarding injunction