Case Summary
The plaintiffs, Sidheequ, Muhammed Askar, and Pallath Aarifa, sought an injunction against the defendants, who were obstructing access to their property. The case was about the plaintiffs' right to a pathway they have used for over 100 years.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction against interference with property access.
Case Type
Injunction
Final Judgment
No
Why Plaintiff Won:
The plaintiffs proved their case by providing sufficient evidence of long-standing use and ownership rights to the pathway.
The plaintiffs proved their case by providing sufficient evidence of long-standing use and ownership rights to the pathway.
Judgment Evidence:
In the result, the suit is decreed as follows. The defendant and his men are restrained, by way of permanent prohibitory injunction, from interfering with the peaceable possession and enjoyment of the plaint A, B and C schedule properties.
Parties Involved
Plaintiffs
Sidheequ (54 years)
Thirunnavaya amsom Thiruthi desom, Tirur Taluk
Muhammed Askar (34 years)
Thriprangode amsom Kaimalassery desom, Tirur Taluk
Pallath Aarifa (26 years)
Thirunnavaya amsom Thiruthidesom, Tirur Taluk
Defendants
Thami (52 years)
Thirunnavaya amsom, Thiruthi desom, Tirur Taluk
Krishnan (49 years)
Ayyappan (72 years)
Rajan (52 years)
Damodharan (50 years)
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
To restrain the defendant and his men from interfering with the plaintiffs' possession of their properties.
Evidence:
the defendant and his men are restrained, by way of permanent prohibitory injunction, from interfering with the peaceable possession and enjoyment of the plaint A, B and C schedule properties.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff is entitled to realize the costs of the suit from the defendant.
Evidence:
Plaintiff is entitled to realize the costs of the suit from the defendant.
Documents & Evidence
Document Type:
Kanam Assignment Deed
Submitted By:
Plaintiff
Relevance:
Document establishing property rights for plaintiff No. 1.
Reference:
Exbt.A1
Document Type:
Kanam Assignment Deed
Submitted By:
Plaintiff
Relevance:
Document establishing property rights for plaintiff No. 2.
Reference:
Exbt.A2
Document Type:
Kanam Assignment Deed
Submitted By:
Plaintiff
Relevance:
Document establishing property rights for plaintiff No. 3.
Reference:
Exbt.A3
Document Type:
Purchase Certificate
Submitted By:
Plaintiff
Relevance:
Legal certification of ownership of property for plaintiff No. 1.
Reference:
Exbt.A4
Document Type:
Purchase Certificate
Submitted By:
Plaintiff
Relevance:
Legal certification of ownership of property for plaintiff No. 2.
Reference:
Exbt.A5
Document Type:
Purchase Certificate
Submitted By:
Plaintiff
Relevance:
Legal certification of ownership of property for plaintiff No. 3.
Reference:
Exbt.A6
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Proof of tax payments related to the properties owned by plaintiffs.
Reference:
Ext.A7 to A9
Document Type:
Commission Report and Sketch
Submitted By:
Court
Relevance:
Evidence related to the commissioner's findings in a previous related case.
Reference:
Ext.A10