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
The court granted a 5-feet wide way through defendant's property to plaintiff's property and issued a perpetual injunction against defendant obstructing the use of the way.
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.
Losing Side's Weaknesses:
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.
Supporting Evidence
Since the defendant remained ex parte, evidence adduced by PW.1 remained unchallenged. I find no reason to disbelieve PW1.
Judgment Evidence:
In the result, the suit is decreed...
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Moideen
- Party Age
- 55
- Relation
- S/o Kunhalavi
- Party Role
- Defendant
- Party Name
- Muhamed Kutty
- Party Age
- 56
- Relation
- S/o Kunhalavi
Plaintiffs Documents
Jenm Assignment Deed No. 1760/1987
Defendants Documents
Not available
Advocates
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
Case Classification
Case Type
Civil Suit - Setting out a way and perpetual injunction
Category
Injunction and Access Rights
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Easement of necessity right to use a way
Case Code
Case between Moideen vs Muhamed Kutty regarding right of way and perpetual injunction
Case Code Year
Case between Moideen vs Muhamed Kutty regarding right of way and perpetual injunction