Case Summary
Plaintiff Moideen filed a suit against defendant Muhamed Kutty seeking a way through defendant's property for access to plaintiff's property and for a perpetual injunction to prevent obstruction.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Setting out of a way and perpetual injunction
Case Type
Civil Suit - Setting out a way and perpetual injunction
Final Judgment
No
Why Plaintiff Won:
Plaintiff adduced cogent and reliable evidence to prove his case. Defendant did not challenge the evidence.
Plaintiff adduced cogent and reliable evidence to prove his case. Defendant did not challenge the evidence.
Judgment Evidence:
In the result, the suit is decreed...
Parties Involved
Plaintiffs
Moideen (55 years)
Chemili House, Omachapuzha Amsom and Post, Karingappara Desom, Tirur Taluk
Defendants
Muhamed Kutty (56 years)
Chemili House, Omachapuzha Amsom and Post, Karingappara Desom, Tirur Taluk
Reliefs
Relief Type:
Setting out of a way
Outcome:
Granted
Description:
A way having a width of 5 feet is set out
Evidence:
In the result, the suit is decreed...
Relief Type:
Perpetual Injunction
Outcome:
Granted
Description:
Defendant and his men are restrained from causing obstruction to the user of the way
Evidence:
In the result, the suit is decreed...
Documents & Evidence
Document Type:
Jenm Assignment Deed
Submitted By:
Plaintiff
Relevance:
Document establishing ownership of plaintiff's property
Reference:
Ext.A1
Document Type:
Commissioner's Report
Submitted By:
Court
Relevance:
Report submitted after inspection of properties
Reference:
Ext.C1
Document Type:
Sketch
Submitted By:
Court
Relevance:
Sketch of the properties submitted as court exhibit
Reference:
Ext.C2