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Original Suit No. 8 OF 2013

Case between Vasantha et al vs Chembayil Kadeeja et al regarding Right of Way Injunction

Court
Court of the Munsiff of Tirur
Judge
Smt. VINCY.T.V.
Order Date
2018-01-09
Duration
4 years
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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

Plaintiff Won
Interim Order
The court decreed the suit by granting a permanent prohibitory injunction to prevent the defendant from obstructing the plaintiff's access through the property.
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction
Case Type
Civil Suit - Permanent Prohibitory Injunction
Final Judgment
No
Why Plaintiff Won:
The plaintiff was able to prove their right over the disputed property through cogent and reliable evidence presented during the trial.

Judgment Evidence:

The suit is decreed by granting permanent prohibitory injunction as per the aforementioned reasons.

Parties Involved

Plaintiffs

Vasantha (60 years) Pulikkaparambil House, Vettampallipram Post, Pallipram amsom, Cheriyaparappur desom, Tirur Taluk Sunil (34 years) Pulikkaparambil House, Vettampallipram Post, Pallipram amsom, Cheriyaparappur desom, Tirur Taluk Sudheesh (30 years) Pulikkaparambil House, Vettampallipram Post, Pallipram amsom, Cheriyaparappur desom, Tirur Taluk Baby (36 years) Pulikkaparambil House, Vettampallipram Post, Pallipram amsom, Cheriyaparappur desom, Tirur Taluk Beena (28 years) Pulikkaparambil House, Vettampallipram Post, Pallipram amsom, Cheriyaparappur desom, Tirur Taluk Bindu (32 years) Pulikkaparambil House, Vettampallipram Post, Pallipram amsom, Cheriyaparappur desom, Tirur Taluk

Defendants

Chembayil Kadeeja (48 years) Pallipram amsom, Cheriyaparappur desom, Vettampallipram Post, Tirur Taluk Chembayil Mymoona (Age not specified years) Vettampallipram amsom, Cheriyaparappur desom, Tirur Taluk

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

Quick Facts

Location
Tirur
Case Filed
Wed, 01/09/2013 - 12:00
Outcome Confidence
92%

Involved Entities

Private Individual

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