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Original Suit No. 16 OF 2014

Case between Chandiruthy Hamza vs Saidalavi regarding easementary right over concrete slab pathway

Court
Court of the Munsiff of Tirur
Judge
Smt.NIMMI.K.K.
Order Date
2018-10-31
Duration
4 years 3 months 6 days
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Case Summary

Chandiruthy Hamza sued Saidalavi seeking declaration and perpetual injunction to establish easementary rights over a concrete slab pathway to access his property.

Judgment Outcome

Defendant Won
Interim Order
The court dismissed the suit with costs as the plaintiff failed to prove the existence of the pathway to claim easementary rights.
Judgment Favored
Defendant
Relief Granted
None
Case Type
Civil Suit - Declaration and Perpetual Injunction
Final Judgment
No
Key Reasoning:
Reason not clearly mentioned

Judgment Evidence:

The suit is dismissed with costs.

Parties Involved

Plaintiffs

Chandiruthy Hamza (52 years) Pallippuram Amsom, Cheriya Parappur Desom, Tirur Taluk

Defendants

Saidalavi (55 years) Pallippuram Amsom, Cheriya Parappur Desom, Tirur Taluk

Reliefs

Relief Type: Declaration
Outcome: Not Decided
Description:
Claim for ownership and possession of the property
Evidence:
Relief Type: Perpetual Injunction
Outcome: Not Decided
Description:
Seeking perpetual injunction to prevent obstruction of way to property
Evidence:

Documents & Evidence

Document Type: Jenm Assignment Deeds
Submitted By: Plaintiff
Relevance:
Proof of ownership and possession of the property
Reference:
Ext.A1 to A3, A5
Document Type: Photographs
Submitted By: Plaintiff
Relevance:
Visual documentation of the property
Reference:
Ext.A6, A7
Document Type: Depositions, Orders
Submitted By: Defendant
Relevance:
From various proceedings
Reference:
Ext.B1 to B4
Document Type: Commission Reports and Plans
Submitted By: Court
Relevance:
Detailed inspection reports and sketches
Reference:
Ext.C1 to C4

Quick Facts

Location
Tirur
Case Filed
Fri, 07/25/2014 - 12:00
Outcome Confidence
95%

Involved Entities

Private Individual

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