Original Suit No.165 OF 2015

Case between Kaliyadan Abdurahiman et al vs Ambazhapulli Muhammed et al regarding construction of road

Court
Court of the Munsiff of Tirur
Judge
Smt. VINCY.T.V.,B.A, LL.B., MUNSIFF
Order Date
2017-12-21
Duration
2 years
Case Closed
Thu, 12/21/2017 - 12:00

Judgement document from eCourt website

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Case Summary

Plaintiffs filed a suit seeking permanent injunction to prevent defendants from constructing a road encroaching their property.

Judgment Outcome

Plaintiff Won
Interim Order
The court granted a permanent prohibitory injunction restraining the defendants from obstructing the plaintiff's peaceful possession of the property.
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction
Case Type
Civil Suit - Injunction
Final Judgment
No
The court granted a permanent prohibitory injunction restraining the defendants from obstructing the plaintiff's peaceful possession of the property.
Why Plaintiff Won:
Plaintiff proved his case with cogent and reliable evidence.
Losing Side's Weaknesses:
Plaintiff proved his case with cogent and reliable evidence.
Supporting Evidence
Plaintiff proved his case with cogent and reliable evidence.

Judgment Evidence:

The suit is decreed as a permanent prohibitory injunction restraining the defendants from obstructing the plaintiff's peaceful possession of the property.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Kaliyadan Abdurahiman's son Bavutty @ Muhammedkutty
Party Age
48
Party Role
Plaintiff
Party Name
Maimoona
Party Age
38
Relation
Wife of deceased Bavutty
Party Role
Plaintiff
Party Name
Mubasheer
Party Age
4
Relation
Minor, rep. by guardian mother Maimoona
Party Role
Plaintiff
Party Name
Kaliyadan Nafeesumma
Party Age
70
Party Role
Plaintiff
Party Name
Kaliyadan Bavutty's children Nusaiba, Shaniba, Musthafa, Misiriya
Party Role
Defendant
Party Name
Ambazhapulli Muhammed @ Kunhimanutty
Party Age
57
Relation
Son of Beeran
Party Role
Defendant
Party Name
Azhakath Kalathil Velayudhan
Party Age
62
Relation
Son of Appayi
Party Role
Defendant
Party Name
Azhakath Kalathil Liju
Party Age
27
Relation
Son of Paraman
Party Role
Defendant
Party Name
Azhakath Kalathil Ratheesh
Party Age
28
Relation
Son of Velayudhan
Party Role
Defendant
Party Name
Kozhipuram Sajeeb @ Sajon
Party Age
27
Relation
Son of Hussain
Party Role
Defendant
Party Name
Kozhipuram Noushad @ Babu
Party Age
32
Relation
Son of Hussain
Party Role
Defendant
Party Name
Madathil Shihab
Party Age
35
Relation
Son of Muhammed
Party Role
Defendant
Party Name
Azhakath Kalathil Velayudhan
Party Age
62
Relation
Son of Karappan
Party Role
Defendant
Party Name
Azhakath Kalathil Paraman
Party Age
60
Relation
Son of Karappan
Party Role
Defendant
Party Name
Thruprangode Grama Panchayath
Plaintiffs Documents
Copy of Jenm Assignment Deed, Lawyer notice, Acknowledgement card, Tax receipt
Defendants Documents
Nil

Advocates

Party Role
Plaintiff
Advocate Name
Sri.M.Neelakandan
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Sri.M.Bhavesh
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Sri.M.A.Ismail
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Sri P.Praveen
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Sri Devesh.M.
Appearance Type
Main Counsel

Reliefs

Relief Type: Injunction
Outcome: Granted
Description:
Permanent prohibitory injunction restraining defendants from obstructing peaceful possession of property.
Evidence:
The suit is decreed as a permanent prohibitory injunction restraining the defendants from obstructing the plaintiff's peaceful possession of the property.

Documents & Evidence

Document Type: Copy of Jenm Assignment Deed
Submitted By: Plaintiff
Relevance:
Proves ownership of the property
Reference:
A1
Document Type: Lawyer Notice
Submitted By: Plaintiff
Relevance:
Correspondence related to the dispute
Reference:
A2
Document Type: Acknowledgement Card
Submitted By: Plaintiff
Relevance:
Acknowledgment of communication sent
Reference:
A3
Document Type: Tax receipt
Submitted By: Plaintiff
Relevance:
Proof of tax payment for property
Reference:
A4

Case Classification

Case Type
Civil Suit - Injunction
Category
Injunction and Access Rights
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Unlawful construction
Case Code
Case between Kaliyadan Abdurahiman et al vs Ambazhapulli Muhammed et al regarding construction of road
Case Code Year
Case between Kaliyadan Abdurahiman et al vs Ambazhapulli Muhammed et al regarding construction of road

Quick Facts

Location
Tirur
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Case Filed
Thu, 01/01/2015 - 12:00
Case Closed
Thu, 12/21/2017 - 12:00
From
Fri, 12/01/2017 - 12:00
To
Sun, 12/31/2017 - 12:00
Outcome Confidence
100%

Involved Entities

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