Case Summary
Plaintiff seeks perpetual injunction to restrain defendants from using a property as a thoroughfare to access other properties against plaintiff's consent.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Not Applicable
Case Type
Civil Suit - Partition
Final Judgment
No
The suit for partition is dismissed with costs.
Key Reasoning:
Plaintiff failed to establish exclusive possession of the disputed property within defined boundaries.
Plaintiff failed to establish exclusive possession of the disputed property within defined boundaries.
Why Defendant Won:
Plaintiff failed to establish exclusive possession of the disputed property within defined boundaries.
Plaintiff failed to establish exclusive possession of the disputed property within defined boundaries.
Supporting Evidence
Plaintiff has no case that the entire property which lies within definite walls on eastern and western boundary is in his possession. He has no prayer for getting an injunction with regard to the entire way along with the plaint schedule property.
Judgment Evidence:
In the result, the suit is dismissed with costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Kundani Mohamed
- Party Age
- 62
- Relation
- S/o Alavi
- Party Role
- Defendant
- Party Name
- Kundani Enthi
- Party Age
- 65
- Relation
- S/o Ahamed Haji
- Party Role
- Defendant
- Party Name
- Musthafa
- Party Age
- 35
- Relation
- S/o Kundani Enthi
Plaintiffs Documents
Jenm Assignment Deed No.3184/1985, Certified copy of Document NO.189/2014,
Defendants Documents
Joint right release Deed No.1612/2012, Partition Deed No.1613/2012.
Advocates
Reliefs
Relief Type:
Partition
Outcome:
Not Decided
Description:
Plaintiff seeks partition of the property.
Evidence:
Not available
Relief Type:
Injunction
Outcome:
Not Granted
Description:
Plaintiff seeks perpetual prohibitory injunction against defendants.
Evidence:
Not available
Documents & Evidence
Document Type:
Jenm Assignment Deed
Submitted By:
Plaintiff
Relevance:
Property acquisition document
Reference:
A1
Document Type:
Joint right release Deed
Submitted By:
Defendant
Relevance:
Property transfer document
Reference:
B1
Document Type:
Commissioner's Report
Submitted By:
Court
Relevance:
Official report on property boundaries
Reference:
C1
Case Classification
Case Type
Civil Suit - Partition
Category
Family Property and Partition
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Case Code
Case between Kundani Mohamed vs Kundani Enthi et al regarding right of way
Case Code Year
Case between Kundani Mohamed vs Kundani Enthi et al regarding right of way