Case Summary
Plaintiffs claimed prescriptive right over a pathway to access their property, defendants contested the claim resulting in a permanent prohibitory injunction granted in favor of the plaintiffs.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction
Case Type
Civil Suit - Right of Way Dispute
Final Judgment
No
Why Plaintiff Won:
Plaintiffs demonstrated continuous, uninterrupted usage of the pathway for accessing their property, prescriptive easement over the pathway established.
Plaintiffs demonstrated continuous, uninterrupted usage of the pathway for accessing their property, prescriptive easement over the pathway established.
Judgment Evidence:
Plaintiffs granted a permanent prohibitory injunction against defendants to use the pathway in question.
Parties Involved
Plaintiffs
Muhammed Kutty (58 years)
Puthiya veettil House, Tirur amsom desom, Tirur Taluk. P.O. Pookkayil Bazar, PIN 676 107
Thaha Subair (65 years)
Kalliyath House, Keezhedath Road, Naduvilangadi, P.O. Pookkayil, Tirur amsom desom, Tirur Taluk
Defendants
Thami Madathil Muhammed Kutty (78 years)
Tirur amsom desom, P.O. Pookkayil Bazar, PIN 676 107
Thettammal Nabeesu (74 years)
Tirur amsom desom, P.O. Pookkayil Bazar, PIN 676 107
Reliefs
Relief Type:
Permanent Prohibitory Injunction
Outcome:
Granted
Description:
Plaintiffs granted a permanent prohibitory injunction against defendants to use the pathway
Evidence:
Plaintiffs granted a permanent prohibitory injunction against defendants to use the pathway in question.
Documents & Evidence
Document Type:
Assignment Deed
Submitted By:
Plaintiff
Relevance:
Established right of ownership
Reference:
Assignment deed No.1653/1072
Document Type:
Mumbattam Theeradharam
Submitted By:
Plaintiff
Relevance:
Legal document related to property rights
Reference:
Mumbattam Theeradharam No.4762/09
Document Type:
Certified Copy of Partition Deed
Submitted By:
Defendant
Relevance:
Legal document submitted by defendants
Reference:
Certified copy of partition deed No.2820/72
Document Type:
Certified Copy of Jenm Assignment deed
Submitted By:
Defendant
Relevance:
Legal document submitted by defendants
Reference:
Certified copy of Jenm Assignment Deed No.2718/12