Case Summary
The case involves plaintiffs Sabira. M.T, Sakkeer Hussain, and Kurungott Thanuja seeking a permanent prohibitory injunction against defendants Sudheesh, Rathi, and Sulochana. The plaintiffs allege that the defendants obstructed their access to a public way that leads to their properties.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction against the defendants and payment of costs.
Case Type
Civil Suit
Final Judgment
No
The court granted a permanent prohibitory injunction against the defendants to prevent them from obstructing the plaintiffs' access to the public way. The defendants were also ordered to pay the costs of the proceedings.
Why Plaintiff Won:
The plaintiffs proved their ownership and possession over the property and the threat of obstruction by the defendants.
The plaintiffs proved their ownership and possession over the property and the threat of obstruction by the defendants.
Losing Side's Weaknesses:
The plaintiffs proved their ownership and possession over the property and the threat of obstruction by the defendants.
The plaintiffs proved their ownership and possession over the property and the threat of obstruction by the defendants.
Supporting Evidence
The ownership and possession of the plaintiffs over the plaint schedule property is proved by the exhibit A1to A6 document and exhibit C1 series report and plan of the advocate commissioner. The apprehension of the plaintiff is well proved by the oral evidence of the PW1.
Judgment Evidence:
In the result, 1. The defendant, his men and agents are hereby restrained by way of permanent prohibitory injunction from obstructing the width of the way on the eastern side of the plaint A and B schedule property, obstructing the plaintiffs’ entry from the gate on the eastern side of the plaint schedule property by constructing a boundary wall or dumping granite boulder stones in front of the gate situated on the eastern side of the plaint A and B schedule property. 2. The defendant shall also pay costs of the proceedings to the plaintiff.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sabira. M.T
- Party Age
- 55
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Sakkeer Hussain,M.T
- Party Age
- 51
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Kurungott Thanuja
- Party Age
- 41
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Sudheesh
- Party Age
- 45
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Rathi
- Party Age
- 39
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Sulochana
- Party Age
- 75
- Relation
- W/o
Plaintiffs Documents
Certified copy of the assignment deed dated 07.03.2008, Certified copy of the assignment deed dated 07.03.2008, Settlement deed dated 02.04.2009, Land Tax receipt dated 22.05.2022, Land Tax receipt dated 19.10.2022, Building plan and permit dated 16.11.2020, Photographs.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.P.S.Ramalingam
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.Akshay Kammath
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Defendants are restrained from obstructing the width of the way on the eastern side of the plaint A and B schedule property.
Evidence:
The defendant, his men and agents are hereby restrained by way of permanent prohibitory injunction from obstructing the width of the way on the eastern side of the plaint A and B schedule property.
Relief Type:
Other
Outcome:
Granted
Description:
Defendant shall pay costs of the proceedings to the plaintiff.
Evidence:
The defendant shall also pay costs of the proceedings to the plaintiff.
Documents & Evidence
Document Type:
Certified Copy of Deed
Submitted By:
Plaintiff
Relevance:
Proves the ownership and possession of the plaint A schedule property.
Reference:
Ext.A1
Document Type:
Certified Copy of Deed
Submitted By:
Plaintiff
Relevance:
Proves the ownership and possession of the plaint B schedule property.
Reference:
Ext.A2
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Supports ownership claims related to the plaint properties.
Reference:
Ext.A3
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Demonstrates compliance with tax obligations for the property.
Reference:
Ext.A4
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Demonstrates compliance with tax obligations for the property.
Reference:
Ext.A5
Document Type:
Building permit and plan
Submitted By:
Plaintiff
Relevance:
Legitimizes the construction claimed on the property.
Reference:
Ext.A6
Document Type:
Photographs
Submitted By:
Plaintiff
Relevance:
Visual evidence supporting the claim, though not formally considered due to lack of proof.
Reference:
Ext.A7
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Provides a report and plan confirming the layout of the properties and public way.
Reference:
Ext.C1
Document Type:
Sketch
Submitted By:
Court
Relevance:
Visual aid to support findings in the commission report.
Reference:
Ext.C1(a)
Case Classification
Case Type
Civil Suit
Category
Injunction and Access Rights
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Unauthorized occupation
Case Code
Case between Sabira. M.T et al vs Sudheesh et al regarding permanent prohibitory injunction.
Case Code Year
Case between Sabira. M.T et al vs Sudheesh et al regarding permanent prohibitory injunction.