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Original Suit No. 343 OF 2005

Case between Erukattil Thami et al vs Karattu Kadavath Rasheed et al regarding easement right dispute

Court
Court of the Munsiff of Tirur
Judge
Smt. VINCY.T.V.
Order Date
2017-07-18
Duration
11 years and 17 days
Case Closed
Tue, 07/18/2017 - 12:00

Judgement document from eCourt website

Judgment Document
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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withdrawal of the suit with liberty to file a fresh suit, as a related suit by the defendant regarding boundary was withdrawn.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

Plaintiff Won
Interim Order
The plaintiff's petition to withdraw the suit with liberty to file a fresh suit was granted by the court.
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.
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.
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

Quick Facts

Location
Tirur
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Case Filed
Mon, 07/18/2005 - 12:00
Case Closed
Tue, 07/18/2017 - 12:00
From
Sat, 07/01/2017 - 12:00
To
Fri, 07/14/2017 - 12:00
Outcome Confidence
100%

Involved Entities

Private Individual

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