Case Summary
The plaintiff, Ummer, is seeking a declaration of his right to use a way leading to his property, which the defendants are obstructing by constructing a well. The defendants did not appear in court.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in part, allowing the plaintiff to use the way and restraining the defendants from obstructing him. The plaintiff is also entitled to costs.
Why Plaintiff Won:
Losing Side's Weaknesses:
Supporting Evidence
Since the defendant remained ex parte, the evidence adduced by the plaintiff remained unchallenged. I find no reason to disbelieve PW1.
Judgment Evidence:
In the result, the suit is decreed in part as follows: It is declared that the plaintiff is entitled to use the way marked as 'W' in Ext. C4 plan, dated 01.08.2018. The defendants are restrained by way of perpetual prohibitory injunction, from obstructing the plaintiff from using the said way.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Ummer
- Party Age
- 55
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Kunhimuhammed @ Kunhava
- Party Age
- 39
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Naseema
- Party Age
- 35
- Relation
- W/o
Plaintiffs Documents
Certified copy of Jenm Assignment Deed Doc.No. 2658/1991, dated 06.11.1991
Defendants Documents
Nil
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. M.K.Moosakutty
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Declaration
Outcome:
Granted
Description:
It is declared that the plaintiff is entitled to use the way marked as 'W' in Ext. C4 plan.
Evidence:
The suit is decreed in part as follows:- 1.It is declared that the plaintiff is entitled to use the way marked as 'W' in Ext. C4 plan, dated 01.08.2018.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
The defendants are restrained by way of perpetual prohibitory injunction from obstructing the plaintiff from using the said way.
Evidence:
2.The defendants are restrained by way of perpetual prohibitory injunction, from obstructing the plaintiff from using the said way.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to realize the costs of the suit from the defendants.
Evidence:
3.Plaintiff is entitled to realize the costs of the suit from the defendants.
Documents & Evidence
Document Type:
Jenm Assignment Deed
Submitted By:
Plaintiff
Relevance:
This document establishes the plaintiff's ownership of the plaint 'A' schedule property.
Reference:
Ext.A1
Document Type:
Commission Report
Submitted By:
Court
Relevance:
These reports and plans provide evidence regarding the property and the way used by the plaintiff.
Reference:
Ext.C1 to C4
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Case Code
Case between Ummer vs Kunhimuhammed @ Kunhava regarding declaration and injunction
Case Code Year
Case between Ummer vs Kunhimuhammed @ Kunhava regarding declaration and injunction