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Original Suit No. 214 OF 2014

Case between Ayshabi vs Mundathod Muhammed Kutty Haji regarding Injunction

Court
COURT OF THE MUNSIFF OF TIRUR
Judge
Sri. JANKISH NARAYANAN
Order Date
2019-07-04
Duration
Case Closed

Judgement document from eCourt website

Judgment Document
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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

Plaintiff Won
Interim Order
The court granted the plaintiffs a perpetual injunction preventing the defendant from obstructing their access to the road. The plaintiffs proved their ownership and right to use the way.
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
The court granted the plaintiffs a perpetual injunction preventing the defendant from obstructing their access to the road. The plaintiffs proved their ownership and right to use the way.
Why Plaintiff Won:
The plaintiff established ownership and a long-standing right over the access way, supported by documentary evidence.
Losing Side's Weaknesses:
The plaintiff established ownership and a long-standing right over the access way, supported by documentary evidence.
Supporting Evidence
Evidence of PW1 coupled with Ext. A1 to A6 documents show that the plaintiff No.1 is the owner of plaint A schedule property. The said way is having a width of 8 feet and length of 30 meter. The Commissioner further reported that the way is clearly demarcated from the adjacent properties.

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

Parties

Party Role
Plaintiff
Party Name
Ayshabi
Party Age
62
Relation
W/o
Party Role
Plaintiff
Party Name
Ayoob
Party Age
36
Relation
S/o
Party Role
Defendant
Party Name
Mundathod Muhammed Kutty Haji
Party Age
55
Relation
S/o
Plaintiffs Documents
Certified copy of Settlement Deed Doc. No. 2352/2008, Certified copy of Doc.No.1081/97, Certified copy of Jenm Assignment Deed Doc.No.1989/1995 SRO, Tanur.
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Sri. V. Chandrasekharan
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Sri. Vipin Chandrasekhar
Appearance Type
Assisting Counsel

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

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 Ayshabi vs Mundathod Muhammed Kutty Haji regarding Injunction
Case Code Year
Case between Ayshabi vs Mundathod Muhammed Kutty Haji regarding Injunction

Quick Facts

Location
Tirur
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Case Filed
Case Closed
From
Mon, 07/01/2019 - 12:00
To
Wed, 07/31/2019 - 12:00
Outcome Confidence
95%

Involved Entities

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