Case Summary
Plaintiffs seek permanent injunction against defendants to prevent them from constructing a road through their property encroaching on their right of way.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction
Case Type
Civil Suit - Injunction
Final Judgment
No
The court decreed the suit granting permanent prohibitory injunction against the defendants and ordered them to pay the costs of the suit.
Why Plaintiff Won:
Hence the suit is filed for a permanent prohibitory injunction restraining the defendants from making any obstruction to the plaintiffs' peaceful possession of the plaint schedule property and to construct road encroaching into plaint schedule property.
Hence the suit is filed for a permanent prohibitory injunction restraining the defendants from making any obstruction to the plaintiffs' peaceful possession of the plaint schedule property and to construct road encroaching into plaint schedule property.
Losing Side's Weaknesses:
Hence the suit is filed for a permanent prohibitory injunction restraining the defendants from making any obstruction to the plaintiffs' peaceful possession of the plaint schedule property and to construct road encroaching into plaint schedule property.
Hence the suit is filed for a permanent prohibitory injunction restraining the defendants from making any obstruction to the plaintiffs' peaceful possession of the plaint schedule property and to construct road encroaching into plaint schedule property.
Supporting Evidence
The defendants have no right over the plaint schedule property. Hence the suit is filed for a permanent prohibitory injunction restraining the defendants from making any obstruction to the plaintiffs' peaceful possession of the plaint schedule property and to construct road encroaching into plaint schedule property.
Judgment Evidence:
In the result, the suit is decreed as follows...
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Kaliyadan Abdurahiman
- Party Age
- 48
- Relation
- Son of Bavutty @ Muhammedkutty
- Party Role
- Plaintiff
- Party Name
- Maimoona
- Party Age
- 38
- Relation
- Wife of Kaliyadan Abdurahiman
- Party Role
- Plaintiff
- Party Name
- Mubasheer
- Party Age
- 4
- Relation
- Son of Kaliyadan Abdurahiman and Maimoona
- Party Role
- Defendant
- Party Name
- Ambazhapulli Muhammed
- 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
- Thrurangode Grama Panchayath
- Relation
- Represented by its Secretary
Plaintiffs Documents
Copy of Jenm Assignment Deed, Lawyer notice dated 30-3-2015, Acknowledgement card dated 31-3-2015, Tax receipt dt; 6-5-2015 from Thrippangot Village Office
Defendants Documents
Unknown
Advocates
- Party Role
- Plaintiff
- Advocate Name
- M. Neelakandan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- M. Bhavesh
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- M. A. Ismail
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- P. Praveen
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Devesh.M.
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Prohibitory Injunction
Outcome:
Granted
Description:
restraining the defendants from making any obstruction to the plaintiff's peaceful possession of the plaint schedule property or to construct road encroaching into the plaint schedule property
Evidence:
In the result, the suit is decreed as follows...
Documents & Evidence
Document Type:
Copy of Jenm Assignment Deed
Submitted By:
Plaintiff
Relevance:
Proof of ownership
Reference:
A1
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Correspondence related to the case
Reference:
A2
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Proof of notice
Reference:
A3
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Financial document
Reference:
A4
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Official report submitted by Advocate Commissioner
Reference:
C1
Document Type:
Commission Plan
Submitted By:
Court
Relevance:
Official plan submitted by Advocate Commissioner
Reference:
C2
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
Right of way obstruction
Case Code
Case between Kaliyadan Abdurahiman's family vs Ambazhapulli Muhammed's family regarding right of way
Case Code Year
Case between Kaliyadan Abdurahiman's family vs Ambazhapulli Muhammed's family regarding right of way