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ORIGINAL SUIT NO. 210 OF 2013

Case between Thalhath vs Muthu et al regarding perpetual injunction

Court
Court of the Munsiff of Tirur
Judge
Smt. Vincy.T.V.,B.A, LL.B.
Order Date
2017-07-20
Duration
4 years 11 months
Case Closed
Thu, 07/20/2017 - 12:00

Judgement document from eCourt website

Judgment Document
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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

Defendant Won
Interim Order
The suit for perpetual injunction was dismissed due to plaintiff's failure to prove his right over the entire way specified.
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.
Why Defendant Won:
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

Quick Facts

Location
Tirur
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Case Filed
Sat, 07/20/2013 - 12:00
Case Closed
Thu, 07/20/2017 - 12:00
From
Sat, 07/01/2017 - 12:00
To
Fri, 07/14/2017 - 12:00
Outcome Confidence
85%

Involved Entities

Municipality

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