Case Summary
Two plaintiffs filed a suit against four defendants seeking injunction to prevent obstruction of their right of way through the property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction
Case Type
Civil Suit - Injunction
Final Judgment
No
The court granted permanent prohibitory injunction restraining defendants from obstructing plaintiffs' use of the right of way.
Why Plaintiff Won:
Reason not clearly mentioned
Reason not clearly mentioned
Losing Side's Weaknesses:
Reason not clearly mentioned
Reason not clearly mentioned
Supporting Evidence
Plaintiffs have proved their case with cogent and reliable evidence. Since there is nothing to unruffled the evidence adduced by Pw1 the suit is hereby decreed.
Judgment Evidence:
The suit is hereby decreed as follows: The defendants are restrained by way of permanent prohibitory injunction from obstructing the plaintiff entry through plaint schedule property with vehicular access. The defendant shall pay cost of the suit.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Kunhahammed
- Party Age
- 63
- Relation
- S/o Thazhathethil Kuhayamutty
- Party Role
- Plaintiff
- Party Name
- Hydru
- Party Age
- 53
- Relation
- S/o Pokkar
- Party Role
- Defendant
- Party Name
- Mundi
- Party Age
- 63
- Relation
- W/o Kunhadi
- Party Role
- Defendant
- Party Name
- Sivadasan
- Party Age
- 40
- Relation
- S/o Kunhadi
- Party Role
- Defendant
- Party Name
- Anilkumar
- Party Age
- 38
- Relation
- S/o Kunhadi
- Party Role
- Defendant
- Party Name
- Suresh Babu
- Party Age
- 35
- Relation
- S/o Kunhadi
Plaintiffs Documents
Copy of Jenm Assignment Deed No. 892/2003, Tax receipt, Certified copy of Order in IA. 1650/2016, Certified copy of order in IA. 1651/2016
Defendants Documents
No documents mentioned
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. P. Najmudheen
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.T. Ramgopal
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Injunction
Outcome:
Granted
Description:
Permanent prohibitory injunction restraining defendants from obstructing plaintiffs' entry through the property with vehicular access
Evidence:
Documents & Evidence
Document Type:
Copy of Jenm Assignment Deed
Submitted By:
Plaintiff
Relevance:
Ownership of the property by plaintiffs
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Evidence of ownership and payment of land tax
Reference:
Ext.A2
Document Type:
Certified copy of Order
Submitted By:
Plaintiff
Relevance:
Order related to restoration petition
Reference:
Ext.A3
Document Type:
Certified copy of Order
Submitted By:
Plaintiff
Relevance:
Order related to restoration petition
Reference:
Ext.A4
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Report on the physical characteristics of the property
Reference:
Ext.C1
Document Type:
Commission Plan
Submitted By:
Court
Relevance:
Plan of the property
Reference:
Ext.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
Dispute over right of way
Case Code
Case between Kunhahammed et al vs Mundi et al regarding right of way
Case Code Year
Case between Kunhahammed et al vs Mundi et al regarding right of way