Skip to main content
Niyamam AI Niyamam AI

Main navigation

  • Home
  • Lawyer Login
  • Lawyer Registration
  • About us
  • Contact
ORIGINAL SUIT NO. 43 OF 2014

Case between Ibrahimkutty vs Manningapattu Nafeesa et al regarding right of way

Court
Court of the Munsiff of Tirur
Judge
Smt. VINCY.T.V.,B.A, LL.B.
Order Date
2017-03-22
Duration
2 years 4 months 21 days
Case Closed
Wed, 03/22/2017 - 12:00

Judgement document from eCourt website

Judgment Document
Save Case Find Similar Cases

Case Summary

Plaintiff, Ibrahimkutty, seeks a perpetual injunction to prevent the defendants from obstructing his use of the way to access his property, claiming the defendants have no right over the property.

Judgment Outcome

Plaintiff Won
Interim Order
The court decreed the suit granting perpetual injunction to prevent defendants from obstructing plaintiff's usage of the property
Judgment Favored
Plaintiff
Relief Granted
Perpetual Injunction
Case Type
Civil Suit - Perceptual Injunction
Final Judgment
No
The court decreed the suit granting perpetual injunction to prevent defendants from obstructing plaintiff's usage of the property
Why Plaintiff Won:
The court found that the defendants had no right to obstruct the plaintiff's use of the way to access his property and had made illegal constructions in defiance of agreements and public access.
Losing Side's Weaknesses:
Not available
Supporting Evidence
Here the Ext A2 was executed in the year 2010 after the dedication of the property. From the evidence of Pw2 it is clear that Ext.A2 is a written acknowledgment of what was dedicated by the defendants. It is evident from the deposition of PW2 that the Ext.A2 document was created after the surrender of the property by the defendant.

Judgment Evidence:

The suit is decreed as follows: The defendant and their men are restrained by a perpetual injunction from tacking on any portion of the plaint B schedule property to their property on the south eastern corner.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Ibrahimkutty
Party Age
48
Relation
S/o. Moideenkutty Haji
Party Role
Defendant
Party Name
Manningapattu Nafeesa
Party Age
60
Relation
D/o. Saidalikutty Haji, W/o. Kunheen @Bava
Party Role
Defendant
Party Name
Humayoon Kabeer
Party Age
38
Relation
S/o. Kunheen @Bava
Plaintiffs Documents
Certified copy of Janm assignment deed, Agreement, Tax receipts
Defendants Documents
Copy of Janm assignment deed

Advocates

Reliefs

Relief Type: Perpetual Injunction
Outcome: Granted
Description:
Restraining defendants from obstructing plaintiff's usage of the property
Evidence:
The suit is decreed as follows: The defendant and their men are restrained by a perpetual injunction from tacking on any portion of the plaint B schedule property to their property on the south eastern corner.

Documents & Evidence

Document Type: Certified copy of Janm assignment deed
Submitted By: Plaintiff
Relevance:
Ownership document of the plaintiff's property
Reference:
A1
Document Type: Agreement
Submitted By: Plaintiff
Relevance:
Agreement related to property negotiations
Reference:
A2
Document Type: Tax receipt
Submitted By: Plaintiff
Relevance:
Documenting tax payments for the property
Reference:
A3, A4
Document Type: Copy of Janm assignment deed
Submitted By: Defendant
Relevance:
Defendant's ownership document
Reference:
B1
Document Type: Commissioner Report
Submitted By: Court
Relevance:
Report detailing property measurements
Reference:
C1
Document Type: Sketch
Submitted By: Court
Relevance:
Sketch illustrating property layout
Reference:
C2

Case Classification

Case Type
Civil Suit - Perceptual Injunction
Category
Injunction and Access Rights
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Obstruction of property usage
Case Code
Case between Ibrahimkutty vs Manningapattu Nafeesa et al regarding right of way
Case Code Year
Case between Ibrahimkutty vs Manningapattu Nafeesa et al regarding right of way

Quick Facts

Location
Tirur
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Case Filed
Sat, 11/01/2014 - 12:00
Case Closed
Wed, 03/22/2017 - 12:00
From
Wed, 03/01/2017 - 12:00
To
Fri, 03/31/2017 - 12:00
Outcome Confidence
85%

Involved Entities

Private Individual

Similar Cases

Case between Vazhakkat Muhammed's son llaneefa et al vs Vazhakat Muhammed's son Mijeed regarding injunction
Court of the Munsiff of Tirur
Civil Suit - Injunction Defendant Won
Case between Puliyoli Deepak vs Thottariyakath Faizal regarding injunction
Court of the Munsiff of Tirur
Civil Suit - Injunction Dismissed
Case between Arichali Muhammed's children, Ayishakutty and Pathummakutty vs Chinnambat Muhammed's daughter, Aminakutty regarding partition deed and boundary fixation
Court of the Munsiff of Tirur
Civil Suit - Fixation of Boundary and Perpetual Injunction Plaintiff Won
Case between Thekkepeediyekkal Muhammed vs Pulikkal Saidalavi regarding mandatory injunction
Munsiff Magistrate Court
Civil Suit - Mandatory Injunction Plaintiff Won
Case between Kakkidi Thaivalappil Aboobacker vs. Kakkidi Thaivalappil Aboobacker's children et al regarding property ownership
Court of the Munsiff of Tirur
Civil Suit - Declaration and Injunction Plaintiff Won