Case Summary
This case involves Harmony International Projects Private Limited and its Additional Director, Sanjid Kader, against Anas and others regarding a temporary prohibitory injunction to use a pathway. The plaintiffs claim a right of way over the property of the defendants, which the defendants dispute.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
Key Reasoning:
The petitioners did not establish a clear prima facie case for the right of way claimed.
The petitioners did not establish a clear prima facie case for the right of way claimed.
Judgment Evidence:
In the result, IA stands dismissed. No order as to costs.
Parties Involved
Plaintiffs
Harmony International Projects Private Limited (Age not specified years)
Hill View, Room No. 30/721-48, Krishnapoyil Padinhare Parambu, Kavoor Desom, Nellikode Village, Kozhikode, PIN - 673 016
Sanjid Kader (40 years years)
Elite Gardenia, Muthuvara, Puzhakkal, Thrissur, PIN - 680 553
Defendants
Anas (Age not specified years)
Valayath House, Opposite Ayur Hospital, Thrikakkara North Village, HMT Colony P.O., Kanayannur Taluk, Ernakulam, PIN - 683 503
Jameela (Age not specified years)
Vathiyath House, Thaikhakara North Village, HMT Colony P.O, Kalamassery, Emathulam, PIN - 683 503
Haseena (Age not specified years)
Vathiyath House, Thaikhakasa North Village, HMT Colony P.O, Kalamassery, Emathulam, PIN - 683 503
Abdul Azeez (Age not specified years)
Vathiyath House, Thaikhakasa North Village, HMT Colony P.O, Kalamassery, Emathulam, PIN - 683 503
Reliefs
Relief Type:
Injunction
Outcome:
Refused
Description:
The petitioners sought a temporary prohibitory injunction against the respondents to prevent them from obstructing the B schedule property.
Evidence:
In such circumstances, I am of the opinion that the petition is to be dismissed and is dismissed.
Documents & Evidence
Document Type:
Extract of the minutes of the meeting of the Board of Directors
Submitted By:
Plaintiff
Relevance:
This document shows the authorization of the person who filed the suit to represent the plaintiff in legal matters.
Reference:
Ext.A1
Document Type:
Copy of sale deed
Submitted By:
Plaintiff
Relevance:
This document evidences the purchase of the plaint A schedule property.
Reference:
Ext.A2
Document Type:
Photograph
Submitted By:
Plaintiff
Relevance:
This photograph shows the alleged dumping of waste materials on the plaint schedule property.
Reference:
Ext.A3
Document Type:
Photographs
Submitted By:
Plaintiff
Relevance:
These photographs show the alleged construction sought to be made by the respondents and the alleged B schedule pathway.
Reference:
Ext.A4 series
Document Type:
Commission Report
Submitted By:
Court
Relevance:
This report was filed for the purpose of consideration of the petition.
Reference:
Ext.C1
Document Type:
Certified copy of document
Submitted By:
Defendant
Relevance:
This document supports the respondents' ownership of their property.
Reference:
Ext.B1
Document Type:
Certified copy of document
Submitted By:
Defendant
Relevance:
This document supports the respondents' ownership of their property.
Reference:
Ext.B2
Document Type:
Certified copy of document
Submitted By:
Defendant
Relevance:
This document supports the respondents' ownership of their property.
Reference:
Ext.B3
Document Type:
Certified copy of document
Submitted By:
Defendant
Relevance:
This document supports the respondents' ownership of their property.
Reference:
Ext.B4
Document Type:
Certified copy of document
Submitted By:
Defendant
Relevance:
This document supports the respondents' ownership of their property.
Reference:
Ext.B5
Document Type:
Certified copy of document
Submitted By:
Defendant
Relevance:
This document supports the respondents' ownership of their property.
Reference:
Ext.B6
Document Type:
Encumbrance certificate
Submitted By:
Defendant
Relevance:
This document provides evidence related to the encumbrance status.
Reference:
Ext.B7
Document Type:
Encumbrance certificate
Submitted By:
Defendant
Relevance:
This document provides evidence related to the encumbrance status.
Reference:
Ext.B8
Document Type:
Land Tax Receipt
Submitted By:
Defendant
Relevance:
This receipt serves as proof of tax payment for the property.
Reference:
Ext.B9
Document Type:
Sketch
Submitted By:
Defendant
Relevance:
This sketch is provided without proper context or date and is of limited evidentiary value.
Reference:
Ext.B10
Document Type:
Photographs
Submitted By:
Defendant
Relevance:
These photographs relate to the property in question.
Reference:
Ext.B11 series
Document Type:
Google Earth view
Submitted By:
Defendant
Relevance:
These views are provided to show the property from an aerial perspective.
Reference:
Ext.B12
Document Type:
Google Earth view
Submitted By:
Defendant
Relevance:
These views are provided to show the property from an aerial perspective.
Reference:
Ext.B13
Document Type:
Google Earth view
Submitted By:
Defendant
Relevance:
These views are provided to show the property from an aerial perspective.
Reference:
Ext.B14
Document Type:
Sketch
Submitted By:
Defendant
Relevance:
This sketch was prepared at the request of the respondent and is not from the court.
Reference:
Ext.B15
Document Type:
Receipt
Submitted By:
Defendant
Relevance:
This receipt is related to a transaction conducted by the defendant.
Reference:
Ext.B16
Document Type:
Receipt
Submitted By:
Defendant
Relevance:
This receipt is related to a transaction conducted by the defendant.
Reference:
Ext.B17
Document Type:
Copy of complaint
Submitted By:
Defendant
Relevance:
This document shows the complaint filed by the defendant.
Reference:
Ext.B18
Document Type:
Receipt of Acknowledgment
Submitted By:
Defendant
Relevance:
This receipt provides evidence of the acknowledgment of the complaint.
Reference:
Ext.B19
Document Type:
Possession Certificate
Submitted By:
Defendant
Relevance:
This certificate indicates possession related to the defendant's property.
Reference:
Ext.B20