Case Summary
Arimanichola lyyachakkutty is the plaintiff, and Ayinikkal Ibrahim and Pambantekath Muahammad Haji are the defendants. The case involves a dispute over whether the plaint schedule property is a public way and seeks a perpetual injunction against the defendants from obstructing the construction of a compound wall.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The suit was dismissed as the plaintiff failed to prove that the disputed way was not a public road. The plaintiff's request for a declaratory relief and for a perpetual injunction was found unsustainable.
Key Reasoning:
The defendants established the existence of a public way, which the plaintiff failed to disprove.
The defendants established the existence of a public way, which the plaintiff failed to disprove.
Why Defendant Won:
Not available
Not available
Supporting Evidence
The plaintiff failed to establish that the way was a mere license and that it had been improperly used by the defendants.
Judgment Evidence:
In the result, the suit is dismissed without cost.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Arimanichola lyyachakkutty
- Party Age
- 60
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Ayinikkal Ibrahim
- Party Age
- 35
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Pambantekath Muahammad Haji
- Party Age
- 60
- Relation
- S/o
Plaintiffs Documents
Jenam Assignment Deed No.2059/2013, Certified copy of Delivery report of Amin in EP 123/2011, Jenm Assignment Deed No.3009/11, Tax receipt.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri V. Chandrasekharan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. Vipin Chandrasekhar
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Irshad.K.K
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Declaration
Outcome:
Refused
Description:
Plaintiff sought a declaration that the Plaint schedule property is not a public way.
Evidence:
The plaintiff has failed to establish that the disputed way is only a temporary arrangement made for taking building materials to the house of D1 and D2.
Relief Type:
Permanent Injunction
Outcome:
Refused
Description:
Plaintiff sought a perpetual injunction restraining the defendants from obstructing construction of compound wall.
Evidence:
The evidence with respect to the construction of compound wall before the Court is contradictory to pleadings in the plaint.
Documents & Evidence
Document Type:
Jenm Assignment Deed
Submitted By:
Plaintiff
Relevance:
Establishes the plaintiff's title over the Plaint schedule property.
Reference:
Ext.A1
Document Type:
Certified copy of Delivery report of Amin
Submitted By:
Plaintiff
Relevance:
Documents delivery of possession as part of the earlier court proceedings.
Reference:
Ext.A2
Document Type:
Jenm Assignment Deed
Submitted By:
Plaintiff
Relevance:
Shows the historical title of the property prior to the plaintiff.
Reference:
Ext.A3
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Pertains to the plaint schedule property, supporting the plaintiff's claim.
Reference:
Ext.A4
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Contains findings regarding the disputed road and property.
Reference:
Ext.C1
Document Type:
Commission Plan
Submitted By:
Court
Relevance:
Visually documents the state of the disputed property.
Reference:
Ext.C2
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Reports on the ongoing status of the public way contention.
Reference:
Ext.C3
Document Type:
Commission Plan
Submitted By:
Court
Relevance:
Further illustrates the findings of the commissioner related to the property.
Reference:
Ext.C4
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Case Code
Case between Arimanichola lyyachakkutty vs Ayinikkal Ibrahim et al regarding property dispute and injunction
Case Code Year
Case between Arimanichola lyyachakkutty vs Ayinikkal Ibrahim et al regarding property dispute and injunction