Case Summary
JedeshUmmar Hamza is seeking a permanent prohibitory injunction against Boby Tharian and MahaSubair for obstructing his right of way to his property. The defendants unlawfully constructed obstacles on the pathway used by the plaintiff, leading to this lawsuit.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
Key Reasoning:
The plaintiff did not establish a threat to or the possibility of infringement of his legal right over the properties in question.
The plaintiff did not establish a threat to or the possibility of infringement of his legal right over the properties in question.
Judgment Evidence:
In the result, the suit is dismissed.
Parties Involved
Plaintiffs
JedeshUmmar Hamza (37 years)
House No.64/73 Lissy Convent Road, Ernakulam, Kochi-682 018.
Defendants
Boby Tharian (51 years)
House No.64/731, Flat No.1, 2 nd floor of 2 storied building, Near KPB House, Lissie Convent Road, Ernakulam North, Pin-682 018.
MahaSubair (41 years)
Kallingal House, Chakkalaparambu, Puthiya Road, Kaloor, Ernakulam-682 017.
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Refused
Description:
The plaintiff sought a decree of permanent prohibitory injunction restraining the defendants from parking their vehicles or constructing any structures obstructing the use of the B Schedule private way.
Evidence:
Since the plaintiffs failed to establish any legal right over plaint schedule properties, he is not entitled to relief of permanent prohibitory injunction.
Relief Type:
Mandatory Injunction
Outcome:
Refused
Description:
The plaintiff prayed for a decree of mandatory injunction directing the removal of the water tank and meter chamber.
Evidence:
Given that the plaintiff has not established any legal right over, the plaint schedule properties, such a relief also cannot be allowed.
Documents & Evidence
Document Type:
Registered Sale Deed
Submitted By:
Plaintiff
Relevance:
Copy of registered sale deed No. 2371/2019 of Ernakulam SRO.
Reference:
Ext.A1
Document Type:
Registered Sale Deed
Submitted By:
Plaintiff
Relevance:
Copy of registered sale deed No. 108/1989 of Ernakulam SRO.
Reference:
Ext.A2
Document Type:
Registered Sale Deed
Submitted By:
Plaintiff
Relevance:
Copy of registered sale deed No. 109/1989 of Ernakulam SRO.
Reference:
Ext.A3