Case Summary
Plaintiffs sought perpetual injunction to prevent obstruction of a way through disputed properties partitioned among the parties; Defendants contested plaintiffs' claim and ownership of the disputed way.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Unknown
Case Type
Civil Suit - Perpetual Injunction
Final Judgment
No
Plaintiffs failed to prove ownership of the disputed way resulting in the dismissal of their suit without costs.
Key Reasoning:
Plaintiffs failed to prove existence or ownership of the disputed way as claimed.
Plaintiffs failed to prove existence or ownership of the disputed way as claimed.
Why Defendant Won:
Plaintiffs failed to prove existence or ownership of the disputed way as claimed.
Plaintiffs failed to prove existence or ownership of the disputed way as claimed.
Supporting Evidence
No evidence provided to conclusively prove ownership of the disputed way as claimed by the plaintiffs.
Judgment Evidence:
In the result, the suit is dismissed without costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Cherada Kunhippocker @ Bava
- Party Age
- 61
- Relation
- S/o Endeenkutty
- Party Role
- Plaintiff
- Party Name
- Thiruvakalathil Aboobacker(Died)
- Relation
- S/o Hassan Kutty
- Party Role
- Plaintiff
- Party Name
- Kadeeja
- Party Age
- 48
- Relation
- D/o Thirunavaya Kalathil Aboobacker
- Party Role
- Plaintiff
- Party Name
- Latheef
- Party Age
- 31
- Relation
- Child
- Party Role
- Plaintiff
- Party Name
- Abdul Shukkoor
- Party Age
- 24
- Relation
- Child
- Party Role
- Plaintiff
- Party Name
- Mumthaz
- Party Age
- 21
- Party Role
- Plaintiff
- Party Name
- Thesrifa (minor)
- Party Age
- 15
- Relation
- Represented by guardian mother 3rd Plaintiff Kadeeja
- Party Role
- Defendant
- Party Name
- Moideen @ Cheriyath's children
- Party Role
- Defendant
- Party Name
- Moideen @ Cheriyath's wife
- Party Age
- 65
Plaintiffs Documents
Certified copies of various deed documents related to properties and partition
Defendants Documents
Certified copies of deed documents related to properties and partition
Advocates
Documents & Evidence
Document Type:
Jenm Assignment Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Jenm Assignment Deed No. 1494/1994
Reference:
Ext.A1
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Partition Deed No. 256/1989
Reference:
Ext.A6
Document Type:
Jenm Assignment Deed
Submitted By:
Defendant
Relevance:
Partition Deed No. 338/2001
Reference:
Ext.B2
Document Type:
Commissioner's Report
Submitted By:
Court
Relevance:
Commissioner's report dated 31-12-2008
Reference:
Ext.C1
Case Classification
Case Type
Civil Suit - Perpetual Injunction
Category
Injunction and Access Rights
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Boundary Dispute
Case Code
Case between Cherada Kunhippocker et al vs Moideen's children et al regarding disputed right of way
Case Code Year
Case between Cherada Kunhippocker et al vs Moideen's children et al regarding disputed right of way