ORIGINAL SUIT No.355 OF 2015

Case between Mandakathingal Abdul Rasheed vs Thendath Chenattil Avarankutty's children et al regarding right of way

Court

Court of the Munsiff of Tirur

Judge

Smt. VINCY.T.V.

Order Date

2017-09-28

Duration

2 years 11 months 5 days

Case Closed

Thu, 09/28/2017 - 12:00

Judgement document from eCourt website

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Case Summary

Plaintiff filed a suit seeking perpetual injunction against defendants from obstructing the plaintiff's usage of a pathway due to easement rights obtained through a partition deed.

Judgment Outcome

Judgment Favored

Defendant

Relief Granted

Suit dismissed with costs

Case Type

Civil Suit - Permanent Injunction

Final Judgment

The suit was dismissed with costs as the plaintiff failed to prove his case with adequate evidence.

Key Reasoning:
Reason not clearly mentioned

Why Defendant Won:
Reason not clearly mentioned

Supporting Evidence

The plaintiff failed to prove his case with cogent and reliable evidence.

Judgment Evidence:

Suit dismissed with costs.

Parties Involved

Parties

Party Role: Plaintiff
Party Name: Mandakathingal Abdul Rasheed
Party Age: 40
Relation: Son of Kunhayadru Haji

Party Role: Defendant
Party Name: Thendath Chenattil Avarankutty's children

Party Role: Defendant
Party Name: Avarankutty's wife Fathima
Party Age: 50

Plaintiffs Documents

Certified copy of Partition Deed dated 23-6-1976, Jenm Assignment Deeds dated 22-11-1980 and 19-12-2003

Defendants Documents

Jenm Assignment Deed dated 21-2-1992, Thettutheerppadharam dated 17-7-1996

Advocates

Reliefs

Relief Type: Permanent Injunction

Outcome: Not Granted

Description:

Suit dismissed with costs

Evidence:

The plaintiff failed to prove his case with cogent and reliable evidence.

Documents & Evidence

Document Type: Certified Copy of Partition Deed

Submitted By: Plaintiff

Relevance:

To establish ownership and easement rights

Reference:

Document Type: Jenm Assignment Deed

Submitted By: Defendant