Case Summary
Plaintiffs sought a perpetual injunction to prevent obstruction of their right of way by defendants on the plaintiff's property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Perpetual Injunction
Case Type
Civil Suit - Perpetual Injunction
Final Judgment
No
Why Plaintiff Won:
Explain the main legal or evidentiary reason stated by the court for granting or refusing relief.
Explain the main legal or evidentiary reason stated by the court for granting or refusing relief.
Judgment Evidence:
The defendants and their men are restrained by a perpetual injunction from trespassing into the plaint 'B' schedule property or to reduce the width of the plaint B schedule property or to make any obstruction to the plaintiff from using plaint B schedule property for passing and re-passing through plaint A schedule property with vehicular access.
Parties Involved
Plaintiffs
Kunhimuhammed (49 years)
Kooriparambil House, Thozhuvannor Amsom and Post, Karthala Desom, Meenpara, Tirur Taluk
Kunhali (47 years)
Pandal parambil House, Thozhuvannor Amsom and Post, Karthala Desom, Meenpara, Tirur Taluk
Sulaiman Musliar (50 years)
Ambaladath House, Thozhuvannor Amsom and Post, Karthala Desom, Meenpara, Tirur Taluk
Defendants
Suneer (35 years)
Peringaduthodi House, Thozhuvannor Amsom and Post, Karthala Desom, Meenpara, Tirur Taluk
Shahul Hameed (35 years)
Cholakkal House, Thozhuvannor Amsom and Post, Karthala Desom, Meenpara, Tirur Taluk
Reliefs
Relief Type:
Perpetual Injunction
Outcome:
Granted
Description:
Prevent defendants from trespassing and obstructing plaintiffs' right of way
Evidence:
The defendants are restrained by a perpetual injunction...
Documents & Evidence
Document Type:
Copy of Jenm Assignment Deeds
Submitted By:
Plaintiff
Relevance:
Proved ownership of plaint A schedule properties.
Reference:
Ext.A1, Ext.A2, Ext.A3
Document Type:
Tax Receipts
Submitted By:
Plaintiff
Relevance:
Showed payments related to the properties.
Reference:
Ext.A4 to A6
Document Type:
Commissioner's Report
Submitted By:
Court
Relevance:
Reported on the boundaries of the plaint A schedule properties.
Reference:
Ext.C1
Document Type:
Sketch
Submitted By:
Court
Relevance:
Provided a visualization of the properties and way.
Reference:
Ext.C2