Case Summary
Plaintiff Mohamed Bava sought permanent prohibitory injunction against defendants to prevent obstruction in using the road to access his property as per an agreement executed for forming the public way.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction
Case Type
Civil Suit - Permanent Prohibitory Injunction
Final Judgment
No
The court granted a permanent prohibitory injunction in favor of the plaintiff and awarded costs against the defendants.
Why Plaintiff Won:
The defendants failed to appear in court despite filing a written statement disputing the plaintiff's claims.
The defendants failed to appear in court despite filing a written statement disputing the plaintiff's claims.
Losing Side's Weaknesses:
The defendants failed to appear in court despite filing a written statement disputing the plaintiff's claims.
The defendants failed to appear in court despite filing a written statement disputing the plaintiff's claims.
Supporting Evidence
There is nothing on record to disbelieve the version of the plaintiff.
Judgment Evidence:
The suit is decreed as follows: The defendants are restrained by a permanent prohibitory injunction from causing any obstruction to the plaintiff from taking vehicle and passing and re-passing through the B schedule property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Mohamed Bava
- Party Age
- 62
- Relation
- S/o Mammi
- Party Role
- Defendant
- Party Name
- Ashraf
- Party Age
- 38
- Party Role
- Defendant
- Party Name
- Rukhiya
- Party Age
- 45
- Party Role
- Defendant
- Party Name
- Shamsudheen
- Party Age
- 29
- Party Role
- Defendant
- Party Name
- Sahira
- Party Age
- 26
- Relation
- W/o Shamsudheen
- Party Role
- Defendant
- Party Name
- Ummeriya
Plaintiffs Documents
Certified copies of Jenm Assignment Deeds and the conveyance agreement
Defendants Documents
None
Advocates
Reliefs
Relief Type:
Permanent Prohibitory Injunction
Outcome:
Granted
Description:
Restrain defendants from obstructing plaintiff's access through the B schedule property
Evidence:
The suit is decreed as follows: The defendants are restrained by a permanent prohibitory injunction from causing any obstruction to the plaintiff from taking vehicle and passing and re-passing through the B schedule property.
Documents & Evidence
Document Type:
Certified Copy of Jenm Assignment deed
Submitted By:
Plaintiff
Relevance:
Showed ownership of the plaint schedule property.
Reference:
Ext.A1
Document Type:
Agreement of conveyance
Submitted By:
Plaintiff
Relevance:
Supporting the formation of the public road.
Reference:
Ext.A4
Document Type:
Commissioner's Report
Submitted By:
Court
Relevance:
Corroborating the plaintiff's claims.
Reference:
Ext.C1
Document Type:
Sketch
Submitted By:
Court
Relevance:
Providing visual evidence related to the case.
Reference:
Ext.C2
Case Classification
Case Type
Civil Suit - Permanent Prohibitory Injunction
Category
Injunction and Access Rights
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Obstruction of access right
Case Code
Case between Mohamed Bava vs Ashraf et al regarding access obstruction
Case Code Year
Case between Mohamed Bava vs Ashraf et al regarding access obstruction