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ORIGINAL SUIT No. 280 OF 2012

Case between Kacheri Kallichath Ismail et al vs Pathumma et al regarding boundary fixation and injunction

Court
Court of the Munsiff of Tirur
Judge
Smt. VINCY.T.V.,B.A, LL.B., MUNSIFF
Order Date
2017-10-06
Duration
5 years 10 months 14 days
Case Closed
Fri, 10/06/2017 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

Plaintiffs sought the fixation of boundaries and consequent injunction for their property which resulted in a successful suit decree.

Judgment Outcome

Plaintiff Won
Interim Order
The court decreed the suit, fixing the boundary between plaintiff's property and defendants' property, and granted a prohibitory injunction against the defendants.
Judgment Favored
Plaintiff
Relief Granted
Decree for boundary fixation and permanent injunction
Case Type
Civil Suit - Boundary Fixation and Injunction
Final Judgment
No
The court decreed the suit, fixing the boundary between plaintiff's property and defendants' property, and granted a prohibitory injunction against the defendants.
Why Plaintiff Won:
The plaintiff successfully proved the lack of boundaries and the defendant's interference with the property, leading to the court granting the requested relief.
Losing Side's Weaknesses:
The plaintiff successfully proved the lack of boundaries and the defendant's interference with the property, leading to the court granting the requested relief.
Supporting Evidence
The plaintiff successfully proved the lack of boundaries and the defendant's interference with the property, leading to the court granting the requested relief.

Judgment Evidence:

The court decreed the suit, fixing the boundary between plaintiff's property and defendants' property, and granted a prohibitory injunction against the defendants.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Kacheri Kallichath Ismail
Party Age
50
Relation
S/o Saidalikkutty @ Bapputty Haji
Party Role
Plaintiff
Party Name
Kulakkara Veettil Shahida
Party Age
39
Relation
D/o.Komukkutty
Party Role
Defendant
Party Name
Pathumma
Party Age
65
Relation
W/o. Karattukadvath Thottiyil Saidalikkutty
Party Role
Defendant
Party Name
Kadar
Party Age
45
Party Role
Defendant
Party Name
Muhammed @ Kunju
Party Age
39
Party Role
Defendant
Party Name
Sainaba
Party Age
47
Relation
W/o. Nelliyad Hamza
Party Role
Defendant
Party Name
Asma
Party Age
30
Relation
W/o. Sajith Ali
Party Role
Defendant
Party Name
Kadeeja
Party Age
36
Relation
W/o. Shukkoor
Party Role
Defendant
Party Name
Hajira
Party Age
41
Relation
W/o Idayattil Ashraf
Party Role
Defendant
Party Name
Haseena
Party Age
26
Relation
D/o. Karattu Kadavath Thottiyil Saidalikutty
Party Role
Defendant
Party Name
Muneera
Party Age
32
Relation
W/o. Ittikaparambil Shihas
Plaintiffs Documents
Assignment deeds, Partition deed, Tax receipt, Complaint to SI, Purchase Certificate, Coolie chit
Defendants Documents
Assignment deed, Pattayam, Tax receipts, Possession Certificate

Advocates

Reliefs

Relief Type: Boundary Fixation
Outcome: Granted
Description:
Decree for the fixation of boundaries between the properties
Evidence:
The court decreed the suit, fixing the boundary between plaintiff's property and defendants' property.
Relief Type: Permanent Injunction
Outcome: Granted
Description:
Defendants restrained from trespassing or obstructing plaintiff's possession
Evidence:
The court decreed the suit, fixing the boundary between plaintiff's property and defendants' property, and granted a prohibitory injunction against the defendants.

Documents & Evidence

Document Type: Assignment Deed
Submitted By: Plaintiff
Relevance:
Certified copy of the Assignment deed No.104/1963
Reference:
Ext.A1
Document Type: Assignment Deed
Submitted By: Defendant
Relevance:
Assignment deed No.230/1999 dated 27-1-1999
Reference:
Ext.B1
Document Type: Commission Report
Submitted By: Court
Relevance:
Commission report dated 10-3-2015
Reference:
C1

Case Classification

Case Type
Civil Suit - Boundary Fixation and Injunction
Category
Injunction and Access Rights
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Boundary Dispute
Case Code
Case between Kacheri Kallichath Ismail et al vs Pathumma et al regarding boundary fixation and injunction
Case Code Year
Case between Kacheri Kallichath Ismail et al vs Pathumma et al regarding boundary fixation and injunction

Quick Facts

Location
Tirur
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Case Filed
Fri, 11/23/2012 - 12:00
Case Closed
Fri, 10/06/2017 - 12:00
From
Sun, 10/01/2017 - 12:00
To
Tue, 10/31/2017 - 12:00
Outcome Confidence
95%

Involved Entities

Private Individual

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