Case Summary
Plaintiff Aboobakker filed suit seeking a permanent prohibitory injunction against defendants to prevent obstruction of a right of way to access his properties.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Perpetual injunction against trespassing and obstruction of gate construction
Case Type
Civil Suit - Permanent Injunction
Final Judgment
No
Why Plaintiff Won:
The plaintiff proved ownership and exclusive possession of the combined plot with boundary walls and demonstrated the necessity for the gate to protect their family.
The plaintiff proved ownership and exclusive possession of the combined plot with boundary walls and demonstrated the necessity for the gate to protect their family.
Judgment Evidence:
The plaintiff proved his case with cogent and reliable evidence.
Parties Involved
Plaintiffs
PuthanPurayil Aboobakker (54 years)
Vettom Village, Pachattiri amsom, Paravanna desom, Post Paravanna, Pin: 676 502, Tirur Taluk
Defendants
Koottath Saharoob (21 years)
Vettom Village, Pachattiri amsom, Paravanna desom & Post, Pin: 676 502, Tirur Taluk
Koottath Shuhaib (19 years)
Vettom Village, Pachattiri amsom, Paravanna desom & Post, Pin: 676 502, Tirur Taluk
Koottath Ali (32 years)
Vettom Village, Pachattiri amsom, Paravanna desom & Post, Pin: 676 502, Tirur Taluk
Koottath Ansar (22 years)
Vettom Village, Pachattiri amsom, Paravanna desom & Post, Pin: 676 502, Tirur Taluk
Koottath Raisabi (24 years)
Vettom Village, Pachattiri amsom, Paravanna desom & Post, Pin: 676 502, Tirur Taluk
Koottath Nisha (26 years)
Vettom Village, Pachattiri amsom, Paravanna desom & Post, Pin: 676 502, Tirur Taluk
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Prohibitory injunction against trespass and obstruction of gate construction
Evidence:
The plaintiff proved his case with cogent and reliable evidence.
Relief Type:
Costs
Outcome:
Granted
Description:
Defendants ordered to pay the costs of suits
Evidence:
Not clearly mentioned
Documents & Evidence
Document Type:
Jenm Assignment Deed
Submitted By:
Plaintiff
Relevance:
Proof of ownership of property
Reference:
No.717/2014
Document Type:
Land Assignment Rules Order
Submitted By:
Plaintiff
Relevance:
Documentation of land assignment rules
Reference:
Asst. No.3420/B2 & 3420/2007
Document Type:
Purchase Certificate
Submitted By:
Plaintiff
Relevance:
Evidence of property acquisition
Reference:
Dated 5.12.2007
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Supporting document for possession
Reference:
Photocopy, 28-04-2016
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Findings submitted by the commissioner
Reference:
13-03-2017
Document Type:
Sketch
Submitted By:
Court
Relevance:
Sketch denoting property boundaries
Reference:
13-03-2017