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
Why Plaintiff Won:
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
Plaintiffs
Ummer (55 years)
Perincheri House, Thruprangode amsom & Post Kainikara desom, Tirur Taluk
Defendants
Kunhimuhammed @ Kunhava (39 years)
Naseema (35 years)
Mannooparambil House, Thruprangode amsom & Post Kainikara desom, Tirur Taluk
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