Case Summary
The plaintiffs, Kadeeja, Shameera, and Sajitha, are seeking an injunction against the defendants, Areekkadan Kasim, Areekkadan Kunheerya, and others, regarding a road they claim as a public access route. The defendants contended that the road is part of their property and attempted to obstruct access.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent Prohibitory Injunction
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The plaintiffs proved their case with cogent and reliable evidence, supported by their claims of longstanding public use of the road.
The plaintiffs proved their case with cogent and reliable evidence, supported by their claims of longstanding public use of the road.
Judgment Evidence:
In the result, the suit is decreed as follows:- I. The defendants and their men are restrained, by way of Permanent Prohibitory Injunction, from interfering with the vehicular access through the B schedule road by the plaintiff and also alter its lie and nature.
Parties Involved
Plaintiffs
Kadeeja (58 years)
Ambazhapulli House
Shameera (35 years)
Naduvil Thotti House
Sajitha (39 years)
Peringadan House
Defendants
Areekkadan Kasim (50 years)
Kurumbathoor amsom Punnathala desom & Post
Areekkadan Kunheerya (55 years)
Kurumbathoor amsom & Post, Koodasseri desom
Aboobacker (58 years)
Kurumbathoor amsom & Post, Koodasseri desom
Areekkadan Kunhami (57 years)
Athavanadu amsom desom, P.O.Karipol, Near Karipol Petrol Pump
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Defendants restrained from interfering with vehicular access through the B schedule road.
Evidence:
The defendants and their men are restrained, by way of Permanent Prohibitory Injunction, from interfering with the vehicular access through the B schedule road by the plaintiff and also alter its lie and nature.
Relief Type:
Cost
Outcome:
Granted
Description:
The defendants shall pay the costs of the suit to the plaintiff.
Evidence:
The defendants shall pay the costs of the suit to the plaintiff.
Documents & Evidence
Document Type:
Kanam Assignment Deed
Submitted By:
Plaintiff
Relevance:
Establishes ownership of property by plaintiff No. 1.
Reference:
Ext.A1
Document Type:
Jenm Assignment Deed
Submitted By:
Plaintiff
Relevance:
Establishes ownership of property by the husband of plaintiff No. 2.
Reference:
Ext.A2
Document Type:
Gift Deed
Submitted By:
Plaintiff
Relevance:
Establishes ownership of property by plaintiff No. 3.
Reference:
Ext.A3
Document Type:
Tax Receipts
Submitted By:
Plaintiff
Relevance:
Serves as proof of ownership and use of the properties.
Reference:
Ext.A4 to A6
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Details findings related to the encroachment issue.
Reference:
Ext.C1
Document Type:
Commission Plan
Submitted By:
Court
Relevance:
Provides a visual representation of the property in question.
Reference:
Ext.C2