Case Summary
Plaintiff seeks injunction against defendants who attempted to obstruct a public pathway used by local people in the locality.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Injunction
Case Type
Civil Suit - Injunction
Final Judgment
No
The court granted the injunction preventing the defendants from obstructing the pathway.
Why Plaintiff Won:
Explain the main legal or evidentiary reason stated by the court for granting or refusing relief.
Explain the main legal or evidentiary reason stated by the court for granting or refusing relief.
Losing Side's Weaknesses:
Explain the main legal or evidentiary reason stated by the court for granting or refusing relief.
Explain the main legal or evidentiary reason stated by the court for granting or refusing relief.
Supporting Evidence
Not available
Judgment Evidence:
In the result, the suit is decreed as follows:- 1. The defendants and his men are restrained by a injunction from making any obstruction to the plaint schedule property, preventing the plaintiff and others from passing and re-passing through the way at its available width and restrained the defendant from reducing the available width of the way. 2. The plaintiff is entitled to realise the cost of the suit from the defendants.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Namrattu Kizhakkepat Kuttisankaran Nair
- Party Age
- 60
- Relation
- S/o. Unnichiri Amma
- Party Role
- Defendant
- Party Name
- Mannath Moosa
- Party Age
- 60
- Relation
- S/o. Enthi Kurikkal
- Party Role
- Defendant
- Party Name
- Mannath Nafeesa
- Party Age
- 55
- Relation
- D/o. Enthi Kurikkal
- Party Role
- Defendant
- Party Name
- Ayishakutty
- Relation
- W/o. Unneen Kutty
Plaintiffs Documents
Certified copy of Judgment in OS. 247/1997, Certified copy of decree in OS. 247/1997, Certified copy of partition deed
Defendants Documents
Not provided
Advocates
- Party Role
- Plaintiff
- Advocate Name
- M.K. Moosakutty
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Najumudheen
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- K.M. Shihab
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Injunction
Outcome:
Granted
Description:
Injunction to prevent obstruction of the pathway
Evidence:
In the result, the suit is decreed as follows:- 1. The defendants and his men are restrained by a injunction from making any obstruction to the plaint schedule property, preventing the plaintiff and others from passing and re-passing through the way at its available width and restrained the defendant from reducing the available width of the way.
Documents & Evidence
Document Type:
Certified Copy of Judgment
Submitted By:
Plaintiff
Relevance:
Judgment in OS. 247/1997
Reference:
Ext.A1
Document Type:
Certified copy of decree
Submitted By:
Plaintiff
Relevance:
Decree in OS. 247/1997
Reference:
Ext.A2
Document Type:
Certified Copy of Partition Deed
Submitted By:
Plaintiff
Relevance:
Partition deed
Reference:
Ext.A3
Document Type:
Commissioner Report
Submitted By:
Court
Relevance:
Reports regarding the property inspection
Reference:
Ext.C1, Ext.C3
Document Type:
Plan
Submitted By:
Court
Relevance:
Plans related to the property
Reference:
Ext.C2, Ext.C4
Case Classification
Case Type
Civil Suit - Injunction
Category
Injunction and Access Rights
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Dispute over right of way
Case Code
Case between Namrattu Kizhakkepat Kuttisankaran Nair vs Mannath Moosa et al regarding injunction
Case Code Year
Case between Namrattu Kizhakkepat Kuttisankaran Nair vs Mannath Moosa et al regarding injunction