Case Summary
This case involves plaintiffs Muhammed Faisal and Ahammed Kutty Gurukkal seeking an injunction against the defendant Muhammed @ Kunhippa. The plaintiffs allege that the defendant is obstructing their use of a road for their granite business.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent Prohibitory Injunction from trespassing into the plaint B schedule property
Case Type
Injunction
Final Judgment
No
Why Plaintiff Won:
The plaintiffs proved their case by providing reliable evidence and the defendant did not challenge the claims as he remained ex parte.
The plaintiffs proved their case by providing reliable evidence and the defendant did not challenge the claims as he remained ex parte.
Judgment Evidence:
In the result, the suit is decreed as follows:- 1. The defendant and their men are restrained, by way of Permanent Prohibitory Injunction, from trespassing into the plaint B schedule property and alter its lie and nature. II. The defendant and their men are further restrained from interfering with the vehicular access through the B schedule road by the plaintiff. III. The defendant shall pay the costs of the suit to the plaintiff.
Parties Involved
Plaintiffs
Muhammed Faisal (44 years years)
Koorimannil Valiyamannil House, Anakkayam amsom, desom & Post, Ernad Taluk, Pin: 676 509.
Ahammed Kutty Gurukkal (60 years years)
Chengamballi Kizhakkumpattu House, Naduvattom amsom, desom Tirur Taluk. Pin: 679 571.
Defendants
Muhammed @ Kunhippa (44 years years)
Cholayil House, Naduvattom Post and Village, Tirur Taluk, Pin: 679 571
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
The defendant and their men are restrained from trespassing into the plaint B schedule property and altering its lie and nature.
Evidence:
the suit is decreed as follows:- 1.The defendant and their men are restrained, by way of Permanent Prohibitory Injunction, from trespassing into the plaint B schedule property and alter its lie and nature.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
The defendant and their men are restrained from interfering with the vehicular access through the B schedule road by the plaintiff.
Evidence:
the suit is decreed as follows:- II.The defendant and their men are further restrained from interfering with the vehicular access through the B schedule road by the plaintiff.
Relief Type:
Costs
Outcome:
Granted
Description:
The defendant shall pay the costs of the suit to the plaintiff.
Evidence:
the suit is decreed as follows:- III.The defendant shall pay the costs of the suit to the plaintiff.
Documents & Evidence
Document Type:
Agreement
Submitted By:
Plaintiff
Relevance:
The agreement permitting plaintiff No.1 to use the western side of the property of plaintiff No.2 along with the existing road.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
A tax receipt supporting the plaintiffs' claim regarding the property.
Reference:
Ext.A2
Document Type:
Commission Report
Submitted By:
Court
Relevance:
A commission report relevant to the case.
Reference:
Ext.C1
Document Type:
Commission Plan
Submitted By:
Court
Relevance:
A commission plan relevant to the case.
Reference:
Ext.C2