Case Summary
The plaintiff, Mrs. Fathima Saharlal, claims ownership of a property and seeks an injunction against the defendants, who allegedly blocked access to her building. The defendants deny the allegations and counter that the plaintiff has no right to the road in front of her property.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court found that the plaintiff has no right to the private road and dismissed her requests for injunction against the defendants. The evidence presented by the plaintiff was insufficient to establish her claims.
Key Reasoning:
Defendants demonstrated lawful ownership and right over the private road.
Defendants demonstrated lawful ownership and right over the private road.
Why Defendant Won:
Defendants demonstrated lawful ownership and right over the private road.
Defendants demonstrated lawful ownership and right over the private road.
Supporting Evidence
The plaintiff could not prove her rights over the private road on the northern side of the plaint schedule property.
Judgment Evidence:
Therefore in the factual matrix surrounding the suit, it is found that the plaintiff has no manner of right to restrain the defendants by a decree of permanent prohibitory injunction and to get a mandatory injunction directing the defendants to remove the steel tubes erected before the entrance of the building in the plaint schedule property which undoubtedly belongs to the defendants.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Mrs. Fathima Saharlal
- Party Age
- 46
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Jaleel T.I
- Party Role
- Defendant
- Party Name
- Abdul Latheef
- Party Role
- Defendant
- Party Name
- Manager Hotel Relax Tower
- Relation
- Manager
Plaintiffs Documents
Sale Deed No. 2325/2022, Building Tax receipt, Basic Tax receipt
Defendants Documents
Sale deed no. 3273/13, Certified copy of sale deed no. 3164/1986, True copy of police complaint, Computer print out of FIR 1264/22
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Rajesh Kumar T.K
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Bindu T.N
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Aswin K.R
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Mathews Benny
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Binu Jelson
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- O.Sajeevan
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Refused
Description:
To restrain the defendants from blocking the entrance to the plaintiff's building
Evidence:
the plaintiff has miserably failed to establish her case even by a degree of preponderance of probability, and hence she is not entitled to get any of the reliefs as prayed for
Relief Type:
Mandatory Injunction
Outcome:
Refused
Description:
To direct the defendants to remove the steel tubes erected before the entrance
Evidence:
the plaintiff has miserably failed to establish her case even by a degree of preponderance of probability, and hence she is not entitled to get any of the reliefs as prayed for
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Proof of ownership of the property in question
Reference:
Ext.A1
Document Type:
Building Tax Receipt
Submitted By:
Plaintiff
Relevance:
Evidence of tax paid for the property
Reference:
Ext.A2
Document Type:
Basic Tax Receipt
Submitted By:
Plaintiff
Relevance:
Proof of basic tax payment after mutation
Reference:
Ext.A3
Document Type:
Sale deed
Submitted By:
Defendant
Relevance:
Document showing the settlement of property rights
Reference:
Ext.B1
Document Type:
Sale deed
Submitted By:
Defendant
Relevance:
Evidence of ownership and rights over the private road
Reference:
Ext.B2
Document Type:
Police Complaint
Submitted By:
Defendant
Relevance:
Document regarding the dispute related to the road access
Reference:
Ext.B3
Document Type:
FIR
Submitted By:
Defendant
Relevance:
Document detailing the police investigation concerning the dispute
Reference:
Ext.B4
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between Mrs. Fathima Saharlal vs Jaleel T.I et al regarding mandatory and permanent prohibitory injunction
Case Code Year
Case between Mrs. Fathima Saharlal vs Jaleel T.I et al regarding mandatory and permanent prohibitory injunction