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ORIGINAL SUIT No. 329 OF 2017

Case between Kadeeja vs Areekkadan Kasim regarding injunction

Court
COURT OF THE MUNSIFF OF TIRUR
Judge
Sri. JANKISH NARAYANAN
Order Date
2019-07-29
Duration
Case Closed

Judgement document from eCourt website

Judgment Document
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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

Plaintiff Won
Interim Order
The court decreed in favor of the plaintiffs, granting them an injunction against the defendants to prevent interference with the public road.
Judgment Favored
Plaintiff
Relief Granted
Permanent Prohibitory Injunction
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiffs, granting them an injunction against the defendants to prevent interference with the public road.
Why Plaintiff Won:
The plaintiffs proved their case with cogent and reliable evidence, supported by their claims of longstanding public use of the road.
Losing Side's Weaknesses:
The plaintiffs proved their case with cogent and reliable evidence, supported by their claims of longstanding public use of the road.
Supporting Evidence
The plaintiffs have proved their case by adducing cogent and reliable evidence. Hence, the plaintiff is entitled for a decree as prayed for.

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

Parties

Party Role
Plaintiff
Party Name
Kadeeja
Party Age
58
Relation
W/o Kuttu
Party Role
Plaintiff
Party Name
Shameera
Party Age
35
Relation
W/o Saidalavi
Party Role
Plaintiff
Party Name
Sajitha
Party Age
39
Relation
W/o Marakkar
Party Role
Defendant
Party Name
Areekkadan Kasim
Party Age
50
Relation
S/o Mammu
Party Role
Defendant
Party Name
Areekkadan Kunheerya
Party Age
55
Relation
W/o Aboobacker
Party Role
Defendant
Party Name
Aboobacker
Party Age
58
Relation
H/o 2nd defendant
Party Role
Defendant
Party Name
Areekkadan Kunhami
Party Age
57
Relation
D/o Mammu
Plaintiffs Documents
Kanam Assignment Deed dated; 19-10-2004, Jenm Assignment Deed dated; 22-12-2004, Gift Deed dated; 12-8-2014, Tax Receipt dated; 1-3-2019, Tax Receipt dated; 02-05-2017, Tax Receipt dated; 11-7-2019.
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Sri. S.Hariharan
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Sri.Gopi Kadavath
Appearance Type
Main Counsel

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

Case Classification

Case Type
Civil Suit
Category
Other Civil Cases
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Case Code
Case between Kadeeja vs Areekkadan Kasim regarding injunction
Case Code Year
Case between Kadeeja vs Areekkadan Kasim regarding injunction

Quick Facts

Location
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Case Filed
Case Closed
From
Mon, 07/01/2019 - 12:00
To
Wed, 07/31/2019 - 12:00
Outcome Confidence
90%

Involved Entities

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