Case Summary
Aseeb, the plaintiff, is seeking an injunction against Nahas and others to prevent them from obstructing access to a pathway essential for ingress and egress to his property. The dispute centers around a pathway that both parties claim rights over, established through an oral agreement.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Witness list accepted only with respect to 2nd witness.
Case Type
Civil Suit
Final Judgment
No
The court partially accepted the plaintiff's petition to issue summons to a witness while denying the request to summon the first defendant as a witness. The parties will bear their respective costs.
Why Plaintiff Won:
The court found it appropriate to accept the witness list regarding the 2nd witness for proper adjudication of the case.
The court found it appropriate to accept the witness list regarding the 2nd witness for proper adjudication of the case.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The court is of the view that summons need not be issued to the 1st witness in the witness list ie, the 1st defendant to the suit.
Judgment Evidence:
In the result, the petition is allowed partly. Witness list is accepted only with respect to 2nd witness. Issue summons to 2nd witness in the witness list.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Aseeb
- Party Age
- 65
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Nahas
- Party Age
- 62
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Fawas
- Party Age
- 40
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Umaiba
- Party Age
- 66
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Fanseena Fayas
- Party Age
- 37
- Relation
- D/o
Plaintiffs Documents
Exts.A1 to A4
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Manoj P Kunjachan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sunil Jacob
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- P Haridas
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Shijin P C
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Biju Hariharan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Rishikesh Haridas
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Shijimol M Mathew
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Injunction
Outcome:
Partly Granted
Description:
The petitioner seeks to array the 1st defendant as the witness on behalf of the plaintiff.
Evidence:
On perusal of affidavit accompanying the petition, counter affidavit and the decisions cited above this court is of view that summons need not be issued to 1st witness in the witness list ie, the 1st defendant to the suit.
Relief Type:
Injunction
Outcome:
Granted
Description:
Issuance of summons to the 2nd witness in the witness list.
Evidence:
Issue summons to 2nd witness in the witness list.
Documents & Evidence
Document Type:
Witness List
Submitted By:
Plaintiff
Relevance:
Document related to the witnesses whom the plaintiff intends to summon.
Reference:
Document Type:
Oral Evidence
Submitted By:
Plaintiff
Relevance:
The plaintiff was examined as PW1 in the above case.
Reference:
Document Type:
Exhibits
Submitted By:
Plaintiff
Relevance:
These exhibits were marked during the proceedings.
Reference:
Exts.A1 to A4
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 Aseeb vs Nahas et al regarding Injunction
Case Code Year
Case between Aseeb vs Nahas et al regarding Injunction