Case Summary
The plaintiffs, Ayshabi and Ayoob, are seeking a perpetual injunction against the defendant, Mundathod Muhammed Kutty Haji, who is trying to obstruct their access to a road leading to their property. The plaintiffs claim they have used this road for over 30 years.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Perpetual Prohibitory Injunction from obstructing the vehicular access through item No. 4 (road) in the Plaint A schedule property.
Case Type
Injunction
Final Judgment
No
Why Plaintiff Won:
The plaintiff established ownership and a long-standing right over the access way, supported by documentary evidence.
The plaintiff established ownership and a long-standing right over the access way, supported by documentary evidence.
Judgment Evidence:
In the result, the suit is decreed as follows: I. The defendant and their men are hereby restrained by a Perpetual Prohibitory Injunction from obstructing the vehicular access through the item No. 4 (road) in the Plaint A schedule property, by the plaintiff and also from altering the lie and nature of the said road.
Parties Involved
Plaintiffs
Ayshabi (62 years years)
Ozhur amsom, Thalakkattoor desom, Post Ozhur Pin: 676 307, Tirur Taluk
Ayoob (36 years years)
Ozhur amsom, Thalakkattoor desom, Post Ozhur Pin: 676 307, Tirur Taluk
Defendants
Mundathod Muhammed Kutty Haji (55 years years)
Ozhur amsom, Thalakkattur desom, Post Ozhur, Pin: 676 307, Tirur Taluk
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Defendant and their men are restrained from obstructing the vehicular access through the item No. 4 in the Plaint A schedule property.
Evidence:
The defendant and their men are hereby restrained by a Perpetual Prohibitory Injunction from obstructing the vehicular access through the item No. 4 (road) in the Plaint A schedule property, by the plaintiff and also from altering the lie and nature of the said road.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff is entitled to realize the costs of the suit from the defendant.
Evidence:
Plaintiff is entitled to realize the costs of the suit from the defendant.
Documents & Evidence
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of the Settlement Deed showing ownership of the plaint A schedule property.
Reference:
Ext.A1
Document Type:
Exchange Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of the Exchange Deed which transferred rights over the plaint A schedule property.
Reference:
Ext.A2
Document Type:
Jenm Assignment Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of the Jenm Assignment Deed related to the plaint A schedule property.
Reference:
Ext.A3
Document Type:
Jenm Assignment Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of the Jenm Assignment Deed related to the plaint A schedule property.
Reference:
Ext.A4
Document Type:
Jenm Assignment Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of the Jenm Assignment Deed related to the plaint A schedule property.
Reference:
Ext.A5
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Tax receipt associated with the plaint A schedule property.
Reference:
Ext.A6
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report assessing the disputed pathway's width and length.
Reference:
Ext.C1
Document Type:
Commission Plan
Submitted By:
Court
Relevance:
Commission plan related to the commission report assessing the pathway.
Reference:
Ext.C2
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report submitted by another Advocate Commissioner, assessing the case.
Reference:
Ext.C3
Document Type:
Commission Plan
Submitted By:
Court
Relevance:
Commission plan submitted by another Advocate Commissioner.
Reference:
Ext.C4
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report submitted by an Advocate Commissioner assessing the case.
Reference:
Ext.C5
Document Type:
Commission Plan
Submitted By:
Court
Relevance:
Commission plan submitted by an Advocate Commissioner.
Reference:
Ext.C6