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ORIGINAL SUIT NO. 396 OF 2014

Case between Chenganasseri Sainaba vs Kunnathedath Hussain et al regarding injunction for property rights

Court
Court of the Munsiff of Tirur
Judge
Smt. VINCY.T.V., B.A, LL.B.
Order Date
2017-12-11
Duration
3 years
Case Closed
Mon, 12/11/2017 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

Plaintiff sought permanent injunction to prevent defendants from demolishing a wall and obstructing passage through the property.

Judgment Outcome

Plaintiff Won
Interim Order
The court granted permanent prohibitory injunction to prevent defendants from demolishing the wall and obstructing plaintiff's passage through the property.
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction
Case Type
Civil Suit - Injunction
Final Judgment
No
The court granted permanent prohibitory injunction to prevent defendants from demolishing the wall and obstructing plaintiff's passage through the property.
Why Plaintiff Won:
The plaintiff provided cogent and reliable evidence to establish ownership and usage rights over the property.
Losing Side's Weaknesses:
The plaintiff provided cogent and reliable evidence to establish ownership and usage rights over the property.
Supporting Evidence
Nothing is there to unruffle the evidence adduced by PW1. Hence the plaintiff proved his case with cogent and reliable evidence.

Judgment Evidence:

The defendants herein is restrained by way of permanent prohibitory injunction from demolishing the wall situated on the eastern side of plaint A schedule property, or from making any obstruction in the pass and re pass of the plaintiff through plaint B schedule property with vehicular access.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Chenganasseri Sainaba
Party Age
46
Relation
W/o. Kuzhikkattil Moosa
Party Role
Defendant
Party Name
Kunnathedath Hussain
Party Age
32
Relation
S/o. Kunhi Muhammad Haji
Party Role
Defendant
Party Name
Yahkhoob
Party Age
37
Relation
Child of Eranholi Saidalikutty Haji
Party Role
Defendant
Party Name
Idris
Party Age
32
Party Role
Defendant
Party Name
Anas
Party Age
29
Party Role
Defendant
Party Name
Edavannavalappil Samad
Party Age
40
Plaintiffs Documents
Certified copy of Jenm Assignment Deed dt; 12-8-2008, SRO, Kalpakanchery
Defendants Documents
Not clearly mentioned

Advocates

Party Role
Plaintiff
Advocate Name
Sri. E.C.Suresh
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Sri. V.Chandrasekharan
Appearance Type
Assisting Counsel

Reliefs

Relief Type: Permanent Prohibitory Injunction
Outcome: Granted
Description:
To prevent the defendants from demolishing the wall and obstructing passage through the property
Evidence:

Documents & Evidence

Document Type: Certified Copy of Jenm Assignment deed
Submitted By: Plaintiff
Relevance:
Established ownership of the plaint A schedule property
Reference:
A1
Document Type: Commission Report
Submitted By: Court
Relevance:
Submitted by Smt. Sreekala Sudheesh, Advocate Commissioner
Reference:
C1
Document Type: Commission Plan
Submitted By: Court
Relevance:
Submitted by Smt. Sreekala Sudheesh, Advocate Commissioner
Reference:
C2

Case Classification

Case Type
Civil Suit - Injunction
Category
Injunction and Access Rights
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Property rights dispute
Case Code
Case between Chenganasseri Sainaba vs Kunnathedath Hussain et al regarding injunction for property rights
Case Code Year
Case between Chenganasseri Sainaba vs Kunnathedath Hussain et al regarding injunction for property rights

Quick Facts

Location
Tirur
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Case Filed
Sun, 12/07/2014 - 12:00
Case Closed
Mon, 12/11/2017 - 12:00
From
Fri, 12/01/2017 - 12:00
To
Sun, 12/31/2017 - 12:00
Outcome Confidence
100%

Involved Entities

Private Individual

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