Case Summary
Six plaintiffs filed a suit against the defendants seeking a permanent prohibitory injunction to restrain obstruction of their right of way through the defendant's property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction
Case Type
Civil Suit - Permanent Prohibitory Injunction
Final Judgment
No
The court decreed the suit by granting a permanent prohibitory injunction to prevent the defendant from obstructing the plaintiff's access through the property.
Why Plaintiff Won:
The plaintiff was able to prove their right over the disputed property through cogent and reliable evidence presented during the trial.
The plaintiff was able to prove their right over the disputed property through cogent and reliable evidence presented during the trial.
Losing Side's Weaknesses:
The plaintiff was able to prove their right over the disputed property through cogent and reliable evidence presented during the trial.
The plaintiff was able to prove their right over the disputed property through cogent and reliable evidence presented during the trial.
Supporting Evidence
The plaintiff proved his case with cogent and reliable evidence.
Judgment Evidence:
The suit is decreed by granting permanent prohibitory injunction as per the aforementioned reasons.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Vasantha
- Party Age
- 60
- Relation
- Wife of Late Pulikkaparambil Balan
- Party Role
- Plaintiff
- Party Name
- Sunil
- Party Age
- 34
- Relation
- Son of Late Pulikkaparambil Balan
- Party Role
- Plaintiff
- Party Name
- Sudheesh
- Party Age
- 30
- Relation
- Son of Late Pulikkaparambil Balan
- Party Role
- Plaintiff
- Party Name
- Baby
- Party Age
- 36
- Relation
- Daughter of Late Pulikkaparambil Balan
- Party Role
- Plaintiff
- Party Name
- Beena
- Party Age
- 28
- Relation
- Daughter of Late Pulikkaparambil Balan
- Party Role
- Plaintiff
- Party Name
- Bindu
- Party Age
- 32
- Relation
- Daughter of Late Pulikkaparambil Balan
- Party Role
- Defendant
- Party Name
- Chembayil Kadeeja
- Party Age
- 48
- Relation
- Daughter of Bava
- Party Role
- Defendant
- Party Name
- Chembayil Mymoona
- Relation
- Son of Shoukathali
Plaintiffs Documents
Ext.A1: Mortage deed, Ext.A2: Kanam Assignment, Ext.A3: Mumbattam Assignment deed, Ext.A4: Mortage deed, Ext.A5: Kannam Assignment deed, Ext.A6: Complaint submitted to SI, Tirur, Ext.A7: Tax receipt
Defendants Documents
Not mentioned
Advocates
- Party Role
- Plaintiff
- Advocate Name
- V.Chandrasekharan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Vipin.K
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. M.P. Hussain
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. M. Mohamed Ashraf
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Permanent Prohibitory Injunction
Outcome:
Granted
Description:
Prohibitory injunction restraining the defendant from obstructing plaintiff's access through the property.
Evidence:
The suit is decreed by granting permanent prohibitory injunction as per the aforementioned reasons.
Documents & Evidence
Document Type:
Mortgage Deed
Submitted By:
Plaintiff
Relevance:
Proved ownership and transfer of property.
Reference:
Ext.A1
Document Type:
Kanam Assignment
Submitted By:
Plaintiff
Relevance:
Documented assignment of property rights.
Reference:
Ext.A2
Document Type:
Mumbattam Assignment Deed
Submitted By:
Plaintiff
Relevance:
Supports the plaintiff's claim of right over the property.
Reference:
Ext.A3
Document Type:
Mortgage Deed
Submitted By:
Plaintiff
Relevance:
Provides additional evidence of property ownership.
Reference:
Ext.A4
Document Type:
Kannam Assignment Deed
Submitted By:
Plaintiff
Relevance:
Further proof of property rights and title.
Reference:
Ext.A5
Document Type:
Complaint submitted to SI, Tirur
Submitted By:
Plaintiff
Relevance:
Evidence of official complaint against defendant's actions.
Reference:
Ext.A6
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Shows continuity of possession and payment of taxes.
Reference:
Ext.A7
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Additional evidence supporting the plaintiff's claim.
Reference:
C1
Document Type:
Plan
Submitted By:
Court
Relevance:
Provides visual representation of the disputed property.
Reference:
C2
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Additional supporting evidence from court's perspective.
Reference:
C3
Document Type:
Plan
Submitted By:
Court
Relevance:
Another visual representation of the property for court's consideration.
Reference:
C4
Case Classification
Case Type
Civil Suit - Permanent Prohibitory Injunction
Category
Injunction and Access Rights
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Right of Way Dispute
Case Code
Case between Vasantha et al vs Chembayil Kadeeja et al regarding Right of Way Injunction
Case Code Year
Case between Vasantha et al vs Chembayil Kadeeja et al regarding Right of Way Injunction