Case Summary
The plaintiff Rahees has filed a suit against the defendants, including Katheesa, for a permanent prohibitory injunction concerning a property dispute. The plaintiff claims a right of way that the defendants allegedly obstructed.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court dismissed the suit for permanent prohibitory injunction on the grounds that the plaintiff failed to establish a claim over the disputed pathway. The evidence did not support the plaintiff's assertion of a right of way.
Key Reasoning:
The plaintiff failed to prove their claim over the way due to insufficient evidence and lack of clear legal grounds.
The plaintiff failed to prove their claim over the way due to insufficient evidence and lack of clear legal grounds.
Why Defendant Won:
The plaintiff failed to prove their claim over the way due to insufficient evidence and lack of clear legal grounds.
The plaintiff failed to prove their claim over the way due to insufficient evidence and lack of clear legal grounds.
Supporting Evidence
The plaintiff's case lacked definitive pleadings regarding their right over the pathway, making their claim unsubstantiated.
Judgment Evidence:
In the result, the suit is dismissed with costs to the defendant.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Rahees
- Party Age
- 34
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Katheesa
- Party Age
- 69
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Pathumma
- Party Age
- 50
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Mashidabeevi
- Party Age
- 31
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Noushid.M
- Party Age
- 37
- Relation
- S/o
Plaintiffs Documents
Certified copy of Deed No.3108/2009, Certified copy of Tax receipt issued by Chathamangalam Village Officer, Possession certificate, Certified copies of deed No.2355/2013 and deed No.1623/2017.
Defendants Documents
Certified copies of various deeds, complaint records, and proceedings from the District Registrar.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.N. Jalaludheen
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.C.Ullas
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Jinsh Kollangott
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Refused
Description:
Plaintiff sought a permanent prohibitory injunction to prevent defendants from obstructing the way.
Evidence:
the plaintiff is not entitled to a decree as sought for.
Documents & Evidence
Document Type:
Certified Copy of Deed
Submitted By:
Plaintiff
Relevance:
Ownership of the plaint A schedule property
Reference:
Ext.A1
Document Type:
Certified copy of Tax Receipt
Submitted By:
Plaintiff
Relevance:
Establishes plaintiff's claim over the property
Reference:
Ext.A2
Document Type:
Possession Certificate
Submitted By:
Plaintiff
Relevance:
Demonstrates possession of the plaint A schedule property
Reference:
Ext.A3
Document Type:
Certified Copy of Deed
Submitted By:
Plaintiff
Relevance:
Ownership related to defendant's property
Reference:
Ext.A4
Document Type:
Reply by Panchayath Secretary
Submitted By:
Plaintiff
Relevance:
States there is a way having width of 4 feet
Reference:
Ext.A5
Document Type:
Certified Copy of Deed
Submitted By:
Plaintiff
Relevance:
Cancellation of prior deed
Reference:
Ext.A6
Document Type:
Building Permit
Submitted By:
Plaintiff
Relevance:
Related to the construction of the plaintiff's house
Reference:
Ext.A7
Document Type:
Certified Copy of Deed
Submitted By:
Defendant
Relevance:
Property ownership documentation
Reference:
Ext.B1
Document Type:
Certified Copy of Deed
Submitted By:
Defendant
Relevance:
Property ownership documentation
Reference:
Ext.B2
Document Type:
Certified Copy of Deed
Submitted By:
Defendant
Relevance:
Property ownership documentation
Reference:
Ext.B3
Document Type:
Certified Copy of Deed
Submitted By:
Defendant
Relevance:
Property ownership documentation
Reference:
Ext.B4
Document Type:
Certified Copy of Deed
Submitted By:
Defendant
Relevance:
Property ownership documentation
Reference:
Ext.B5
Document Type:
Certified Copy of Deed
Submitted By:
Defendant
Relevance:
Property ownership documentation
Reference:
Ext.B6
Document Type:
Copy of Order
Submitted By:
Defendant
Relevance:
Legal confirmation regarding the way
Reference:
Ext.B7
Document Type:
Certificate
Submitted By:
Defendant
Relevance:
Related to property ownership
Reference:
Ext.B8
Document Type:
Report on complaint
Submitted By:
Defendant
Relevance:
Concerns regarding the document writer
Reference:
Ext.B9
Document Type:
Office proceedings
Submitted By:
Defendant
Relevance:
Related to proceedings against the document writer
Reference:
Ext.B10
Document Type:
Complaint file
Submitted By:
Defendant
Relevance:
Concerns regarding the document writer
Reference:
Ext.B11
Document Type:
Proceedings
Submitted By:
Defendant
Relevance:
Related to the document writer's violations
Reference:
Ext.B12
Document Type:
Letter
Submitted By:
Defendant
Relevance:
Correspondence regarding the document writer
Reference:
Ext.B13
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commissioner's findings on the way
Reference:
Ext.C1
Document Type:
Surveyor's Plan
Submitted By:
Court
Relevance:
Visual representation of the property and way
Reference:
Ext.C2
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Revised findings on the way
Reference:
Ext.C3
Document Type:
Surveyor's Plan
Submitted By:
Court
Relevance:
Updated visual presentation of the way
Reference:
Ext.C4
Document Type:
Additional Report
Submitted By:
Court
Relevance:
Further clarifications related to the commission
Reference:
Ext.C5
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Case Code
Case between Rahees vs Katheesa et al regarding permanent prohibitory injunction
Case Code Year
Case between Rahees vs Katheesa et al regarding permanent prohibitory injunction