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Original Suit No. 84 of 2014

Case between Kundani Mohamed vs Kundani Enthi et al regarding right of way

Court
Court of the Munsiff of Tirur
Judge
Smt. Vincy.T.V.
Order Date
2016-12-19
Duration
Approximately 2 years 1 month
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Case Summary

Plaintiff seeks perpetual injunction to restrain defendants from using a property as a thoroughfare to access other properties against plaintiff's consent.

Judgment Outcome

Defendant Won
Interim Order
The suit for partition is dismissed with costs.
Judgment Favored
Defendant
Relief Granted
Not Applicable
Case Type
Civil Suit - Partition
Final Judgment
No
Key Reasoning:
Plaintiff failed to establish exclusive possession of the disputed property within defined boundaries.

Judgment Evidence:

In the result, the suit is dismissed with costs.

Parties Involved

Plaintiffs

Kundani Mohamed (62 years) Kundani House, Alathiyoor Amsom and Desom, Post Alathiyoor, Tirur Taluk

Defendants

Kundani Enthi (65 years) Kundani House, Alathiyoor Amsom and Desom, Post Alathiyoor, Tirur Taluk Musthafa (35 years)

Reliefs

Relief Type: Partition
Outcome: Not Decided
Description:
Plaintiff seeks partition of the property.
Evidence:
Not available
Relief Type: Injunction
Outcome: Not Granted
Description:
Plaintiff seeks perpetual prohibitory injunction against defendants.
Evidence:
Not available

Documents & Evidence

Document Type: Jenm Assignment Deed
Submitted By: Plaintiff
Relevance:
Property acquisition document
Reference:
A1
Document Type: Joint right release Deed
Submitted By: Defendant
Relevance:
Property transfer document
Reference:
B1
Document Type: Commissioner's Report
Submitted By: Court
Relevance:
Official report on property boundaries
Reference:
C1

Quick Facts

Location
Tirur
Case Filed
Fri, 12/19/2014 - 12:00
Outcome Confidence
100%

Involved Entities

Private Individual

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