Case Summary
Plaintiffs sought prohibitory injunction to prevent obstruction of their easement right through PQRS way against the defendants. Plaintiff filed a petition seeking withdrawal of the suit with liberty to file a fresh suit, as a related suit by the defendant regarding boundary was withdrawn.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff permitted to withdraw the suit with liberty to file fresh suit on the same subject matter.
Case Type
Civil Suit - Prohibitory Injunction
Final Judgment
No
The plaintiff's petition to withdraw the suit with liberty to file a fresh suit was granted by the court.
Why Plaintiff Won:
The removal of the threat to the PQRS way, which was the subject of the suit, was deemed a sufficient ground to permit the withdrawal of the suit by the court.
The removal of the threat to the PQRS way, which was the subject of the suit, was deemed a sufficient ground to permit the withdrawal of the suit by the court.
Losing Side's Weaknesses:
The removal of the threat to the PQRS way, which was the subject of the suit, was deemed a sufficient ground to permit the withdrawal of the suit by the court.
The removal of the threat to the PQRS way, which was the subject of the suit, was deemed a sufficient ground to permit the withdrawal of the suit by the court.
Supporting Evidence
Judgment Evidence:
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Erukattil Thami
- Relation
- S/o. Sankaran
- Party Role
- Plaintiff
- Party Name
- Erukkattil Soudamini
- Party Age
- 39
- Relation
- W/o. Erukkattil Krishnan
- Party Role
- Defendant
- Party Name
- Karattu Kadavath Rasheed
- Party Age
- 40
- Relation
- S/o. Bapputty Haji
- Party Role
- Defendant
- Party Name
- Kunhammu
- Relation
- W/o. Erukattil Thami
Plaintiffs Documents
Not available
Defendants Documents
Not available
Advocates
Reliefs
Relief Type:
Withdrawal of the suit with liberty to file fresh suit
Outcome:
Granted
Description:
Plaintiff permitted to withdraw the suit with liberty to file fresh suit on the same subject matter.
Evidence:
Documents & Evidence
Case Classification
Case Type
Civil Suit - Prohibitory Injunction
Category
Injunction and Access Rights
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Easement Dispute
Case Code
Case between Erukattil Thami et al vs Karattu Kadavath Rasheed et al regarding easement right dispute
Case Code Year
Case between Erukattil Thami et al vs Karattu Kadavath Rasheed et al regarding easement right dispute