Case Summary
Plaintiff filed suit against defendants seeking cancellation of document, declaration, and permanent prohibitory injunction related to property rights and alleged fraudulent transactions.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Suit dismissed
Case Type
Civil Suit - Cancellation of Document, Declaration, Injunction
Final Judgment
No
The court dismissed the suit after evaluating the pleadings and evidence presented by the parties.
Key Reasoning:
The plaintiff failed to establish the fiduciary relationship and active confidence upon the first defendant, resulting in the dismissal of the suit.
The plaintiff failed to establish the fiduciary relationship and active confidence upon the first defendant, resulting in the dismissal of the suit.
Why Defendant Won:
The plaintiff failed to establish the fiduciary relationship and active confidence upon the first defendant, resulting in the dismissal of the suit.
The plaintiff failed to establish the fiduciary relationship and active confidence upon the first defendant, resulting in the dismissal of the suit.
Supporting Evidence
The plaintiff failed to establish the fiduciary relationship and active confidence upon the first defendant, resulting in the dismissal of the suit.
Judgment Evidence:
Suit dismissed
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Kunhamu
- Party Age
- 67
- Relation
- S/o Arangath Parambil Muhammed @ Bappu
- Party Role
- Defendant
- Party Name
- Kunhikoya
- Party Age
- 65
- Relation
- S/o Arangath Parambil Muhammed @ Bappu
- Party Role
- Defendant
- Party Name
- Muhammed Basheer
- Party Age
- 50
- Relation
- S/o Palakkavalappil Koyalikkanakath Moideenkutty, Rep. By Mukthyar Agent
Plaintiffs Documents
Certified copy of Partition deed, Jenm Assignment deed, Easement deed, Assignment deed and Tax receipt
Defendants Documents
Certified copy of Judgment, Decree, Commission report, Plan, Assignment deeds, Easement deed and Jenm Assignment deeds
Advocates
Reliefs
Relief Type:
Cancellation of Document
Outcome:
Suit dismissed
Description:
Cancellation of document no 4600/2010 and declaration with injunction
Evidence:
Documents & Evidence
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
Property partition details
Reference:
A1
Document Type:
Easement deed
Submitted By:
Plaintiff
Relevance:
Creation of easement right
Reference:
A3
Document Type:
Judgment in previous suit
Submitted By:
Defendant
Relevance:
Certified copy of the judgment in OS 277/2012
Reference:
B1
Case Classification
Case Type
Civil Suit - Cancellation of Document, Declaration, Injunction
Category
Injunction and Access Rights
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Case Code
Case between Kunhamu et al vs Kunhikoya et al regarding cancellation of document and declaration with injunction
Case Code Year
Case between Kunhamu et al vs Kunhikoya et al regarding cancellation of document and declaration with injunction