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ORIGINAL SUIT NO. 396 OF 2014

Case between Chenganasseri Sainaba vs Kunnathedath Hussain et al regarding injunction for property rights

Court
Court of the Munsiff of Tirur
Judge
Smt. VINCY.T.V., B.A, LL.B.
Order Date
2017-12-11
Duration
3 years
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Case Summary

Plaintiff sought permanent injunction to prevent defendants from demolishing a wall and obstructing passage through the property.

Judgment Outcome

Plaintiff Won
Interim Order
The court granted permanent prohibitory injunction to prevent defendants from demolishing the wall and obstructing plaintiff's passage through the property.
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction
Case Type
Civil Suit - Injunction
Final Judgment
No
Why Plaintiff Won:
The plaintiff provided cogent and reliable evidence to establish ownership and usage rights over the property.

Judgment Evidence:

The defendants herein is restrained by way of permanent prohibitory injunction from demolishing the wall situated on the eastern side of plaint A schedule property, or from making any obstruction in the pass and re pass of the plaintiff through plaint B schedule property with vehicular access.

Parties Involved

Plaintiffs

Chenganasseri Sainaba (46 years) Post Valakkulam, Tirur Taluk

Defendants

Kunnathedath Hussain (32 years) Kuncharathodi, Mundiyanthara, Post Valakkulam, Tirur Taluk Yahkhoob (37 years) Perumanna amsom, desom, Charalkunu Road, Post Valakkulam, Tirur Taluk Idris (32 years) Perumanna amsom, desom, Charalkunu Road, Post Valakkulam, Tirur Taluk Anas (29 years) Perumanna amsom, desom, Charalkunu Road, Post Valakkulam, Tirur Taluk Edavannavalappil Samad (40 years) Perumanna amsom, desom, Charalkunu Road, Post Valakkulam, Tirur Taluk

Reliefs

Relief Type: Permanent Prohibitory Injunction
Outcome: Granted
Description:
To prevent the defendants from demolishing the wall and obstructing passage through the property
Evidence:

Documents & Evidence

Document Type: Certified Copy of Jenm Assignment deed
Submitted By: Plaintiff
Relevance:
Established ownership of the plaint A schedule property
Reference:
A1
Document Type: Commission Report
Submitted By: Court
Relevance:
Submitted by Smt. Sreekala Sudheesh, Advocate Commissioner
Reference:
C1
Document Type: Commission Plan
Submitted By: Court
Relevance:
Submitted by Smt. Sreekala Sudheesh, Advocate Commissioner
Reference:
C2

Quick Facts

Location
Tirur
Case Filed
Sun, 12/07/2014 - 12:00
Outcome Confidence
100%

Involved Entities

Private Individual

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