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