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O.S. No. 580 of 2018

Case between Sakeer Hussain, Muhammed Sadik vs Varuthu regarding permanent prohibitory injunction

Court
Principal Munsiff Court, Ernakulam
Judge
Smt. Rejani Thankappan
Order Date
2024-02-22
Duration
approximately-5 years 7 months
Case Closed
Thu, 02/22/2024 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

The plaintiffs, Sakeer Hussain and Muhammed Sadik, claim ownership and seek a permanent prohibitory injunction against the defendant, Varuthu, regarding a pathway. The defendant has previously claimed easement rights over the same pathway.

Judgment Outcome

Defendant Won
Interim Order
The suit filed by the plaintiffs for a permanent prohibitory injunction has been dismissed by the court.
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The suit filed by the plaintiffs for a permanent prohibitory injunction has been dismissed by the court.
Key Reasoning:
The court found that the plaintiffs failed to establish their exclusive right over the property and did not prove attempted conversion by the defendant.
Why Defendant Won:
The court found that the plaintiffs failed to establish their exclusive right over the property and did not prove attempted conversion by the defendant.
Supporting Evidence
Plaintiff has no right to interfere with the defendant’s use as the right of easement has been established in the prior case.

Judgment Evidence:

In the result, the suit is dismissed. No costs.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Sakeer Hussain
Party Age
53
Relation
S/o
Party Role
Plaintiff
Party Name
Muhammed Sadik
Party Age
51
Relation
S/o
Party Role
Defendant
Party Name
Varuthu
Party Age
75
Relation
S/o
Plaintiffs Documents
Certified copies of Settlement Deed No. 657/1996, decree in A.S No. 36/2012, judgment in A.S No. 36/2012
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
K.R Vinod
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
M.S Letha
Appearance Type
Assisting Counsel
Party Role
Plaintiff
Advocate Name
Vimal Dev.D
Appearance Type
Assisting Counsel
Party Role
Plaintiff
Advocate Name
Joseph Mary Das
Appearance Type
Assisting Counsel
Party Role
Plaintiff
Advocate Name
Sreerekha K.S
Appearance Type
Assisting Counsel
Party Role
Plaintiff
Advocate Name
Pavan Rose Johnson
Appearance Type
Assisting Counsel
Party Role
Plaintiff
Advocate Name
Solomon Baby
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
A.Balagopal
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
A.Rajagopal
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
M.N Manmadhan
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
R.Rajesh
Appearance Type
Assisting Counsel

Reliefs

Relief Type: Permanent Injunction
Outcome: Refused
Description:
Plaintiffs sought a permanent prohibitory injunction to restrain the defendant from altering the plaint B schedule pathway.
Evidence:
Thus, the plaintiff has not entitled to get any relief as sought for.
Relief Type: Compensatory Costs
Outcome: Not Decided
Description:
The defendant prayed for compensatory costs.
Evidence:
Hence it is found the respective parties shall bear their own costs.

Documents & Evidence

Document Type: Settlement Deed
Submitted By: Plaintiff
Relevance:
The plaintiffs use this document to establish their title and possession of the plaint A schedule property.
Reference:
Ext.A1
Document Type: Decree
Submitted By: Plaintiff
Relevance:
This decree relates to the prior litigation regarding the right of way through the plaint B schedule pathway.
Reference:
Ext.A2
Document Type: Judgment
Submitted By: Plaintiff
Relevance:
This judgment discusses the plaintiff's entitlement to the pathway and the conditions of the earlier decree.
Reference:
Ext.A3
Document Type: Commission Report
Submitted By: Court
Relevance:
The court used this report to assess the physical condition and characteristics of the plaint B schedule property.
Reference:
Ext.C1
Document Type: Photographs
Submitted By: Court
Relevance:
These photographs support the findings of the Advocate Commissioner regarding the plaint B schedule pathway.
Reference:
Ext.C1(a)

Case Classification

Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between Sakeer Hussain, Muhammed Sadik vs Varuthu regarding permanent prohibitory injunction
Case Code Year
Case between Sakeer Hussain, Muhammed Sadik vs Varuthu regarding permanent prohibitory injunction

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Mon, 05/21/2018 - 12:00
Case Closed
Thu, 02/22/2024 - 12:00
From
Thu, 02/01/2024 - 12:00
To
Thu, 02/29/2024 - 12:00
Outcome Confidence
80%

Involved Entities

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