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
Plaintiffs granted perpetual injunction to prevent defendants from interfering with their right of way on the property.
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.
Losing Side's Weaknesses:
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.
Supporting Evidence
The plaintiffs have adduced cogent and reliable evidence to prove his case.
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
Parties
- Party Role
- Plaintiff
- Party Name
- Kunhimuhammed
- Party Age
- 49
- Relation
- S/o Muhammed
- Party Role
- Plaintiff
- Party Name
- Kunhali
- Party Age
- 47
- Relation
- S/o Muhammed
- Party Role
- Plaintiff
- Party Name
- Sulaiman Musliar
- Party Age
- 50
- Relation
- S/o Muhammed
- Party Role
- Defendant
- Party Name
- Suneer
- Party Age
- 35
- Relation
- S/o Kunhimoideen
- Party Role
- Defendant
- Party Name
- Shahul Hameed
- Party Age
- 35
- Relation
- S/o Ali
Plaintiffs Documents
Copy of Jenm Assignment Deeds, Tax Receipts, Commissioner's Report, Sketch
Defendants Documents
Not mentioned
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. A. Mammu
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. E.K. Ashraf Sulaiman
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. T. Ramgopal
- Appearance Type
- Main Counsel
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
Case Classification
Case Type
Civil Suit - Perpetual 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 Kunhimuhammed et al vs Suneer et al regarding perpetual injunction
Case Code Year
Case between Kunhimuhammed et al vs Suneer et al regarding perpetual injunction