Case Summary
Plaintiff filed suit seeking mandatory injunction to remove a wall obstructing their right of way as per partition deed, which was being used for access to their property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Mandatory Injunction, Perpetual Injunction
Case Type
Civil Suit - Mandatory Injunction, Perpetual Injunction
Final Judgment
No
The court decreed the suit granting mandatory injunction to remove a wall obstructing the way and perpetual injunction from causing further obstruction.
Why Plaintiff Won:
The plaintiffs proved their right to the way as per the partition deed and demonstrated the obstruction caused by the defendants, leading to the court granting the injunctions.
The plaintiffs proved their right to the way as per the partition deed and demonstrated the obstruction caused by the defendants, leading to the court granting the injunctions.
Losing Side's Weaknesses:
The plaintiffs proved their right to the way as per the partition deed and demonstrated the obstruction caused by the defendants, leading to the court granting the injunctions.
The plaintiffs proved their right to the way as per the partition deed and demonstrated the obstruction caused by the defendants, leading to the court granting the injunctions.
Supporting Evidence
Exts. A1, A2, and A3 along with testimony and commissioner report supported the plaintiff's claim to the way and obstruction by the defendants.
Judgment Evidence:
Exts. A1, A2, A3, B1, C1, and C2 were marked as exhibits. The commissioner report confirmed the obstruction in the way.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Abdul Latheef Nediyedath
- Party Age
- 60
- Relation
- S/o Kunhappu
- Party Role
- Plaintiff
- Party Name
- Abbasali
- Party Age
- 54
- Relation
- Power of Attorney holder
- Party Role
- Defendant
- Party Name
- Kamarunneesa.N.
- Party Age
- 36
- Relation
- D/o Nediyodath Ayamu
- Party Role
- Defendant
- Party Name
- Fathima.N.
- Party Age
- 36
- Relation
- W/o Ali
- Party Role
- Defendant
- Party Name
- Saheera.N.
- Party Age
- 25
- Relation
- W/o Ashraf
Plaintiffs Documents
Certified Copy of Partition Deed No.1277/1962, Certified Copy of Partition Deed No.15/1974, Certified Copy of Partition Deed No.2480/2003
Defendants Documents
Settlement Deed
Advocates
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
To remove the entire granite stone wall obstructing the way
Evidence:
Court found evidence from testimony and commissioner report
Relief Type:
Perpetual Injunction
Outcome:
Granted
Description:
To refrain from causing any further obstruction to the way
Evidence:
Supported by evidence presented in court
Documents & Evidence
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
Establishing ownership and right to the property
Reference:
A1
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
Supporting ownership and historical partition details
Reference:
A2
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
Further evidence for property ownership and inheritance
Reference:
A3
Document Type:
Settlement Deed
Submitted By:
Defendant
Relevance:
Document mentioned by defendants
Reference:
B1
Document Type:
Commissioner’s Report
Submitted By:
Court
Relevance:
Commissioner's findings of obstruction
Reference:
C1
Document Type:
Sketch
Submitted By:
Court
Relevance:
Sketch showing the property and obstruction
Reference:
C2
Case Classification
Case Type
Civil Suit - Mandatory Injunction, Perpetual Injunction
Category
Injunction and Access Rights
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Case Code
Case between Abdul Latheef Nediyedath et al vs Kamarunneesa.N. et al regarding right of way
Case Code Year
Case between Abdul Latheef Nediyedath et al vs Kamarunneesa.N. et al regarding right of way