Case Summary
Plaintiffs seek perpetual injunction to prevent defendants from widening a pathway and constructing a road through their property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Perpetual Injunction
Case Type
Civil Suit - Perpetual Injunction
Final Judgment
No
The court decreed perpetual injunction restraining defendants from widening the pathway and constructing a road on the plaintiff's property.
Why Plaintiff Won:
The defendants failed to prove their contentions before the court with available documentary evidence and chief affidavit.
The defendants failed to prove their contentions before the court with available documentary evidence and chief affidavit.
Losing Side's Weaknesses:
The defendants failed to prove their contentions before the court with available documentary evidence and chief affidavit.
The defendants failed to prove their contentions before the court with available documentary evidence and chief affidavit.
Supporting Evidence
From Ext A2, it is clearly evidenced that the 5ᵗʰ defendant has only a right of 4 feet width pathway to his property.
Judgment Evidence:
In the result, suit is decreed as follows: 1. The defendants No.1-6 and Supple. D-8 and 9 are hereby restrained from widening the 4 feet pathway, shown as 'W' in the plaint and they are also restrained from grabbing plaint schedule properties and thereby construct road and from committing waste by way of perpetual injunction.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Moideenkutty
- Party Age
- 42
- Relation
- S/o Aruthunni
- Party Role
- Plaintiff
- Party Name
- Muhammed kutty
- Party Age
- 44
- Relation
- S/o Aruthunni
- Party Role
- Plaintiff
- Party Name
- Arifa
- Party Age
- 38
- Relation
- Wife of Power of Attorney holder
- Party Role
- Defendant
- Party Name
- Illikkal Muhammed's children et al
- Relation
- Children of Illikkal Muhammed
- Party Role
- Defendant
- Party Name
- Pathummu
- Party Role
- Defendant
- Party Name
- Saritha
Plaintiffs Documents
Gift Deed No. 975/1980, Jenm Assignment Deed, Possession Certificate, Cash Receipts, Tax Receipt
Defendants Documents
Nil
Advocates
Reliefs
Relief Type:
Perpetual Injunction
Outcome:
Granted
Description:
To restrain defendants from widening the pathway and constructing a road on the plaintiff's property
Evidence:
The defendants failed to prove their contentions before the court with available documentary evidence and chief affidavit.
Documents & Evidence
Document Type:
Gift Deed
Submitted By:
Plaintiff
Relevance:
Dated 25-4-1980.
Reference:
A1
Document Type:
Jenm Assignment Deed
Submitted By:
Plaintiff
Relevance:
Dated 13-9-1996.
Reference:
A2
Document Type:
Possession Certificate
Submitted By:
Plaintiff
Relevance:
Dated 17-12-2014.
Reference:
A3
Document Type:
Cash Receipt
Submitted By:
Plaintiff
Relevance:
Dated; 5-5-2016.
Reference:
A4
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Dated; 26-7-2017.
Reference:
A6
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Submitted by Smt. Anjana.N.P. Advocate Commissioner.
Reference:
C1
Document Type:
Commission Plan
Submitted By:
Court
Relevance:
Submitted by Smt. Anjana.N.P. Advocate Commissioner.
Reference:
C2
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Submitted by Smt. Anjana.N.P. Advocate Commissioner.
Reference:
C3
Document Type:
Commission Plan
Submitted By:
Court
Relevance:
Submitted by Smt. Anjana.N.P. Advocate Commissioner.
Reference:
C4
Case Classification
Case Type
Civil Suit - Perpetual Injunction
Category
Injunction and Access Rights
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Property dispute
Case Code
Case between Moideenkutty et al vs Illikkal Muhammed's children et al regarding property dispute
Case Code Year
Case between Moideenkutty et al vs Illikkal Muhammed's children et al regarding property dispute