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O.S. No.868/2023

Case between A.M. Mymoonath alias A.M. Maimanath vs A.M. Aboobacker, A.M. Kharim, Jai Bharath Educational Trust regarding Permanent Prohibitory Injunction

Court
THE COURT OF THE THIRD ADDL. MUNSIFF & RENT CONTROLLER
Judge
Smt. REEJA R. NAIR
Order Date
2024-09-25
Duration
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

The plaintiff, A.M. Mymoonath, is seeking a permanent prohibitory injunction against the defendants to prevent them from obstructing access to her property via a private road. The dispute arose after the first defendant threatened to block the access road which the plaintiff has used for many years.

Judgment Outcome

Plaintiff Won
Interim Order
The court granted a decree of permanent prohibitory injunction in favor of the plaintiff, restraining the first defendant from obstructing access to the plaintiff's property. The plaintiff is entitled to recover costs from the first defendant.
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction
Case Type
Civil Suit
Final Judgment
No
The court granted a decree of permanent prohibitory injunction in favor of the plaintiff, restraining the first defendant from obstructing access to the plaintiff's property. The plaintiff is entitled to recover costs from the first defendant.
Why Plaintiff Won:
The plaintiff's claim was supported by uncontroverted evidence validating her ownership and right to use the private road.
Losing Side's Weaknesses:
The plaintiff's claim was supported by uncontroverted evidence validating her ownership and right to use the private road.
Supporting Evidence
The unrebutted oral testimony of PW1 and Exhibits A1 to A17 established her case as pleaded by her.

Judgment Evidence:

In the result, suit is decreed as follows. A decree of Permanent Prohibitory Injunction is hereby passed restraining the 1st defendant and his agents from obstructing, blocking or causing any hindrances in any manner, to the user of Plaint B Schedule Private Road for entry and exit to and fro the Plaint A Schedule Property.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
A.M. Mymoonath alias A.M. Maimanath
Party Age
59
Relation
W/o
Party Role
Defendant
Party Name
A.M. Aboobacker
Party Age
67
Relation
S/o
Party Role
Defendant
Party Name
A.M. Kharim
Party Age
70
Relation
S/o
Party Role
Defendant
Party Name
Jai Bharath Educational Trust
Plaintiffs Documents
Original partition deed No.1249 of 1976, Original gift deed No.1791 of 2014, Original gift deed number 661 of 2022, Possession certificates, Land tax receipts.
Defendants Documents
Nil

Advocates

Party Role
Plaintiff
Advocate Name
Ramkumar J.
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Salih P.A.
Appearance Type
Assisting Counsel

Reliefs

Relief Type: Permanent Injunction
Outcome: Granted
Description:
Restraining the 1st defendant from obstructing access to the private road.
Evidence:
A decree of Permanent Prohibitory Injunction is hereby passed restraining the 1st defendant and his agents from obstructing, blocking or causing any hindrances in any manner, to the user of Plaintiff B Schedule Private Road for entry and exit to and fro the Plaintiff A Schedule Property.
Relief Type: Permanent Injunction
Outcome: Granted
Description:
Restraining the 1st defendant from changing the nature of the private road.
Evidence:
A decree of Permanent Prohibitory Injunction is hereby passed restraining the 1st defendant and his agents from changing its lie and nature and committing waste or damages to it.
Relief Type: Other
Outcome: Granted
Description:
Entitled to costs from 1st defendant.
Evidence:
The plaintiff is entitled to realize costs of the suit from the 1st defendant and from his assets.

Documents & Evidence

Document Type: Original partition Deed
Submitted By: Plaintiff
Relevance:
Establishes the plaintiff's ownership of the property.
Reference:
Ext.A1
Document Type: Original Gift Deed
Submitted By: Plaintiff
Relevance:
Demonstrates transfer of property from defendant to plaintiff.
Reference:
Ext.A2
Document Type: Original Gift Deed
Submitted By: Plaintiff
Relevance:
Further supports the plaintiff's claim of ownership.
Reference:
Ext.A3
Document Type: Possession Certificate
Submitted By: Plaintiff
Relevance:
Confirms possession of the plaintiff over the property.
Reference:
Ext.A4
Document Type: Possession Certificate
Submitted By: Plaintiff
Relevance:
Documents additional proof of plaintiff's possession.
Reference:
Ext.A5
Document Type: Land Tax Receipt
Submitted By: Plaintiff
Relevance:
Shows tax payments by the plaintiff, supporting ownership.
Reference:
Ext.A6
Document Type: Land Tax Receipt
Submitted By: Plaintiff
Relevance:
Additional evidence of tax payments related to the property.
Reference:
Ext.A7
Document Type: Internet Payment Receipt
Submitted By: Plaintiff
Relevance:
Indicates payment related to the property, supporting the claim.
Reference:
Ext.A8
Document Type: Internet Payment Receipt
Submitted By: Plaintiff
Relevance:
Further payment evidence supporting the plaintiff's position.
Reference:
Ext.A9
Document Type: Acknowledgment certificate
Submitted By: Plaintiff
Relevance:
Confirms prior communications regarding the property.
Reference:
Ext.A10
Document Type: Certified copy of extract of resolution
Submitted By: Plaintiff
Relevance:
Authorizes the plaintiff's claim based on trust board resolutions.
Reference:
Ext.A11
Document Type: Certified Copy of Letter
Submitted By: Plaintiff
Relevance:
Provides additional context regarding the trust and ownership.
Reference:
Ext.A12
Document Type: Certified copy of general building permit
Submitted By: Plaintiff
Relevance:
Confirms legal permission for construction linked to the property.
Reference:
Ext.A13
Document Type: Certified copy of occupancy certificate
Submitted By: Plaintiff
Relevance:
Establishes legal occupancy status of the property.
Reference:
Ext.A14
Document Type: Certified copy of approved plan
Submitted By: Plaintiff
Relevance:
Validates architectural plans related to the property use.
Reference:
Ext.A15
Document Type: Letter
Submitted By: Plaintiff
Relevance:
Related communications between parties regarding property use.
Reference:
Ext.A16
Document Type: Letter
Submitted By: Plaintiff
Relevance:
Demonstrates threats made by the defendant against property access.
Reference:
Ext.A17

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 A.M. Mymoonath alias A.M. Maimanath vs A.M. Aboobacker, A.M. Kharim, Jai Bharath Educational Trust regarding Permanent Prohibitory Injunction
Case Code Year
Case between A.M. Mymoonath alias A.M. Maimanath vs A.M. Aboobacker, A.M. Kharim, Jai Bharath Educational Trust regarding Permanent Prohibitory Injunction

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Case Closed
From
Sun, 09/01/2024 - 12:00
To
Mon, 09/30/2024 - 12:00
Outcome Confidence
90%

Involved Entities

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