Case Summary
The plaintiff, Mini, is the owner of a property and seeks to remove obstructions put up by the defendants, Puzhakkara Nabeesa and Subair, to access her property. The case revolves around the existence of a public pathway that has been obstructed by the defendants.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Mandatory injunction to remove the obstruction and permanent prohibitory injunction preventing further obstructions.
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiff, ordering the removal of obstructions placed by the defendants on the public pathway and granting the plaintiff a permanent prohibitory injunction.
Why Plaintiff Won:
The plaintiff successfully proved the existence of the public pathway.
The plaintiff successfully proved the existence of the public pathway.
Losing Side's Weaknesses:
The plaintiff successfully proved the existence of the public pathway.
The plaintiff successfully proved the existence of the public pathway.
Supporting Evidence
The court has already found that the defendants could not establish any title over the plaint C schedule way. The advocate commissioner when examined as PW2 has deposed that the plaint C schedule way starts from the road on the north and ends in the house of the plaintiff.
Judgment Evidence:
In the result: 1. The defendants are hereby directed by a decree of mandatory injunction to remove the iron grill fixed in the plaint C schedule way obstructing the plaint C schedule way within 45 days failing which the plaintiff shall be entitled to remove the same through the process of the court and realise the costs of the same from the defendants.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Mini
- Party Age
- 51
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Puzhakkara Nabeesa
- Party Age
- 75
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Subair
- Party Age
- 52
- Relation
- S/o
Plaintiffs Documents
Jenam Assignment Deed No.811/1999, Settlement Deed No.438/2021, Land Tax receipts, Possession certificate, Location certificate, Location sketch
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. T.K.Shibu
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.N.Jalaludheen
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
Plaintiff requested the removal of obstruction in the plaint C schedule way.
Evidence:
The defendants are hereby directed by a decree of mandatory injunction to remove the iron grill fixed in the plaint C schedule way obstructing the plaint C schedule way within 45 days.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Plaintiff sought to restrain defendants from affixing any obstructions in the plaint C schedule property.
Evidence:
The defendants, their men and agents are restrained from affixing any other obstructions in the plaint C schedule property by decree of permanent prohibitory injunction.
Relief Type:
Other
Outcome:
Granted
Description:
The defendants were ordered to pay costs of the proceedings to the plaintiff.
Evidence:
The defendants shall pay costs of the proceedings to the plaintiff.
Documents & Evidence
Document Type:
Jenm Assignment Deed
Submitted By:
Plaintiff
Relevance:
This document establishes the ownership of the plaint B schedule property.
Reference:
Ext.A1
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
This document further supports the plaintiff's claim of lawful possession of plaint B schedule property.
Reference:
Ext.A2
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
These receipts serve as evidence of the plaintiff's tax payments for the property.
Reference:
Ext.A3, Ext.A4
Document Type:
Possession Certificate
Submitted By:
Plaintiff
Relevance:
This certificate confirms the plaintiff's possession of the plaint B schedule property.
Reference:
Ext.A5
Document Type:
Location Certificate
Submitted By:
Plaintiff
Relevance:
This document details the location of the plaint B schedule property.
Reference:
Ext.A6
Document Type:
Location Sketch
Submitted By:
Plaintiff
Relevance:
This sketch provides a visual representation of the plaint B schedule property.
Reference:
Ext.A7
Document Type:
Thandapper Account
Submitted By:
Plaintiff
Relevance:
This account supports the plaintiff's ownership claims.
Reference:
Ext.A8
Document Type:
Photographs
Submitted By:
Plaintiff
Relevance:
These photographs document the condition and status of the plaint C schedule property.
Reference:
Ext.A9
Document Type:
Cash Bill
Submitted By:
Plaintiff
Relevance:
This document records a financial transaction related to the property.
Reference:
Ext.A10
Document Type:
Complaint
Submitted By:
Plaintiff
Relevance:
This complaint to police highlights the obstruction faced by the plaintiff.
Reference:
Ext.A11
Document Type:
Police Receipt
Submitted By:
Plaintiff
Relevance:
This receipt corroborates the lodging of the complaint with police.
Reference:
Ext.A12
Document Type:
Jenm Assignment Deed
Submitted By:
Plaintiff
Relevance:
This deed provides historical ownership information of the property.
Reference:
Ext.A13
Document Type:
Deed
Submitted By:
Defendant
Relevance:
This deed is cited by the defendant to establish their claim to use the pathway.
Reference:
Ext.A14
Document Type:
Commission Report
Submitted By:
Court
Relevance:
This report confirms the existence of the public pathway claimed by the plaintiff.
Reference:
Ext.C1
Document Type:
Sketch
Submitted By:
Court
Relevance:
This sketch details the layout of the public pathway as reported by the Advocate Commissioner.
Reference:
Ext.C1(a)
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Unauthorized occupation
Case Code
Case between Mini vs Puzhakkara Nabeesa et al regarding Mandatory and Permanent Prohibitory Injunction
Case Code Year
Case between Mini vs Puzhakkara Nabeesa et al regarding Mandatory and Permanent Prohibitory Injunction