Case Summary
The plaintiffs, Ansad and Nabeesath, are seeking a permanent prohibitory injunction to prevent the defendants, Jameela Beevi and Nadirsha, from trespassing on a pathway they claim to have been using continuously. The defendants contest the existence of the pathway and assert their right to their owned property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction restraining the defendants from altering the width and nature of the pathway.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiffs, granting them a permanent prohibitory injunction against the defendants concerning the pathway.
Why Plaintiff Won:
The plaintiffs successfully proved the existence and lawful use of the pathway.
The plaintiffs successfully proved the existence and lawful use of the pathway.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
Upon an appreciation of the oral and documentary evidence adduced by both sides... it stands satisfactorily established that the pathway described as C schedule is physically in existence on the ground.
Judgment Evidence:
In the result, the suit is decreed with costs as follows: i. Restraining the defendants and their men from altering the width and nature of the C schedule pathway, and from obstructing its use by the plaintiffs and their men...
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Ansad
- Party Age
- 44
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Nabeesath
- Party Age
- 44
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Jameela Beevi
- Party Age
- 72
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Nadirsha
- Party Age
- 47
- Relation
- S/o
Plaintiffs Documents
Certified copy of settlement deed No. 1378/2012, Tax receipt, Photocopy of sale deed No. 3143/2008, Certified copy of sale deed No. 186/2016.
Defendants Documents
Certified copy of sale deed No. 4876/1966.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- N. Sreekumar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- A. Manoj
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Restraint from altering the width and nature of the C schedule pathway.
Evidence:
The plaintiff is entitled to get a decree of permanent prohibitory injunction as prayed for.
Documents & Evidence
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
The deed evidences the first plaintiff's title and right of access over the property.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
This receipts related to taxation of the plaint schedule property.
Reference:
Ext.A2
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Proves the joint ownership of the second plaintiff over the plaint B schedule property.
Reference:
Ext.A3
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
This receipts relates to taxation of the plaint schedule property.
Reference:
Ext.A4
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Confirms the increased width of the pathway used by the plaintiffs.
Reference:
Ext.A5
Document Type:
Legal Document
Submitted By:
Defendant
Relevance:
Introduced by the defendants as part of their legal representation.
Reference:
Ext.B1
Document Type:
Sale deed
Submitted By:
Defendant
Relevance:
Serves to establish the defendants' claims regarding the width of the pathway.
Reference:
Ext.B2
Document Type:
Commission Report
Submitted By:
Court
Relevance:
The court's findings on the existence and description of the C schedule pathway.
Reference:
Ext.C1
Document Type:
Mahazar
Submitted By:
Court
Relevance:
Document prepared by the advocate commissioner after inspecting the pathway condition.
Reference:
Ext.C1(a)
Case Classification
Case Type
Civil Suit
Category
Injunction and Access Rights
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Unauthorized occupation
Case Code
Case between Ansad vs Jameela Beevi regarding permanent prohibitory injunction.
Case Code Year
Case between Ansad vs Jameela Beevi regarding permanent prohibitory injunction.