Case Summary
The plaintiff, Abdul Hameed, claims ownership of a private road and seeks an injunction against the defendant, Sakeer Hussain C K, who he alleges is attempting to encroach upon this road. The case involves disputes over property boundaries and rights of access.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court found that the plaintiff failed to prove the existence of the claimed 7.7 meter private road and dismissed the suit with costs.
Key Reasoning:
The plaintiff could not demonstrate the identifiable location or ownership of the pathway claimed.
The plaintiff could not demonstrate the identifiable location or ownership of the pathway claimed.
Why Defendant Won:
Not available
Not available
Supporting Evidence
The mentioning of the pathway situated to the south of defendant's property is Municipality Road maintained by the Municipality, which is in the asset register of the Municipality and it is not a private road.
Judgment Evidence:
Hence from the above discussion court is satisfied that plaintiff has failed to prove his case and the suit is liable to be dismissed.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Abdul Hameed
- Party Age
- 70
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sakeer Hussain C K
- Party Age
- 57
- Relation
- S/o
Plaintiffs Documents
Duplicate of Partition deed no: 713/1997, Certified copy of Sale deed no: 1698/2020, Certified copy of Sale deed no: 1174/2019, Certified copy of Sale deed no: 1175/2019, Certified copy of Release deed no: 2822/2004, Complaint filed by the Plaintiff to Thrikkakara Municipality and Reply
Defendants Documents
Certified copy of Sale deed no: 1698/2020, Relevant page of the Asthi Register issued by the Assistant Engineer, Thrikkakara Municipality, Certified copy of deed no: 2483/2007, Certified copy of Sale deed no: 1174/2019, Certified copy of the Sale deed no: 1175/2019
Advocates
- Party Role
- Plaintiff
- Advocate Name
- K M Subair
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- B Jayaprakash
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Thresia Anu PJ
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Refused
Description:
Plaintiff sought an injunction to restrain the defendant from encroaching on the property.
Evidence:
The court is satisfied that the plaintiff has failed to prove his case and the suit is liable to be dismissed.
Relief Type:
Mandatory Injunction
Outcome:
Refused
Description:
Plaintiff sought an injunction to remove unauthorized construction by the defendant.
Evidence:
The plaintiff has not taken any steps to identify any construction made by the defendant.
Documents & Evidence
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
Establishes the plaintiff's ownership of the property.
Reference:
Ext.A1
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Documents the defendant's purchase of property and its boundaries.
Reference:
Ext.A2
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Details prior sale of the defendant's property.
Reference:
Ext.A3
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Details further prior sale of the defendant's property.
Reference:
Ext.A4
Document Type:
Release deed
Submitted By:
Plaintiff
Relevance:
Describes the alleged right of way for the plaintiff.
Reference:
Ext.A5
Document Type:
Complaint and Reply
Submitted By:
Plaintiff
Relevance:
Documents the plaintiff's complaint to the municipality regarding encroachment.
Reference:
Ext.A6
Document Type:
Sale deed
Submitted By:
Defendant
Relevance:
Confirms the defendant's ownership and boundaries of the property.
Reference:
Ext.B1
Document Type:
Asthi Register Page
Submitted By:
Defendant
Relevance:
Demonstrates that the pathway is recognized as a municipal road.
Reference:
Ext.B2
Document Type:
Sale deed
Submitted By:
Defendant
Relevance:
Further supports the defendant's claims regarding property boundaries.
Reference:
Ext.B3
Document Type:
Sale deed
Submitted By:
Defendant
Relevance:
Confirms prior ownership and boundaries in relation to the defendant's property.
Reference:
Ext.B4
Document Type:
Sale deed
Submitted By:
Defendant
Relevance:
Further clarifies sales and boundaries related to the defendant's property.
Reference:
Ext.B5
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Documents the findings on the property boundaries and width.
Reference:
Ext.C1
Document Type:
Sketch
Submitted By:
Court
Relevance:
Visually represents the property and its boundaries.
Reference:
Ext.C1(a)
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between Abdul Hameed vs Sakeer Hussain C K regarding permanent prohibitory injunction
Case Code Year
Case between Abdul Hameed vs Sakeer Hussain C K regarding permanent prohibitory injunction