Case Summary
Plaintiff filed suit seeking perpetual injunction to prevent obstruction in the B schedule way, accessing A schedule property inherited from father.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Not Decided
Case Type
Civil Suit - Perpetual Injunction
Final Judgment
No
The suit for perpetual injunction was dismissed due to plaintiff's failure to prove his right over the entire way specified.
Key Reasoning:
The plaintiff failed to establish his right over the entire 9 feet way shown in the plaint B schedule.
The plaintiff failed to establish his right over the entire 9 feet way shown in the plaint B schedule.
Why Defendant Won:
The plaintiff failed to establish his right over the entire 9 feet way shown in the plaint B schedule.
The plaintiff failed to establish his right over the entire 9 feet way shown in the plaint B schedule.
Supporting Evidence
Nothing on record or otherwise to show that the obstruction or construction of wall or placing of laterite stones are in the way kept as 7 feet.
Judgment Evidence:
No evidence on record or otherwise before me to show that the obstruction or construction of wall or placing of laterite stones are in the way kept as 7 feet.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Thalhath
- Party Age
- 38
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Muthu @ Abdurahiman
- Party Age
- 45
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Subair
- Party Age
- 42
- Relation
- S/o
Plaintiffs Documents
Assignment Deed No. 541/1996, Tax receipt
Defendants Documents
Not available
Advocates
- Party Role
- Plaintiff
- Advocate Name
- C. Shanmughan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- M.A. Ismail
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- K.V. Abdullakutty
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Perpetual Injunction
Outcome:
Not Decided
Description:
Suit for perpetual injunction
Evidence:
The plaintiff failed to establish his right over the entire 9 feet way shown in the plaint B schedule
Documents & Evidence
Document Type:
Assignment Deed
Submitted By:
Plaintiff
Relevance:
Ownership and transfer details
Reference:
A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Evidence of property ownership
Reference:
A2
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Report on property measurements
Reference:
C1
Case Classification
Case Type
Civil Suit - Perpetual Injunction
Category
Injunction and Access Rights
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Right of way obstruction
Case Code
Case between Thalhath vs Muthu et al regarding perpetual injunction
Case Code Year
Case between Thalhath vs Muthu et al regarding perpetual injunction