Case Summary
Plaintiff, Ibrahimkutty, seeks a perpetual injunction to prevent the defendants from obstructing his use of the way to access his property, claiming the defendants have no right over the property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Perpetual Injunction
Case Type
Civil Suit - Perceptual Injunction
Final Judgment
No
The court decreed the suit granting perpetual injunction to prevent defendants from obstructing plaintiff's usage of the property
Why Plaintiff Won:
The court found that the defendants had no right to obstruct the plaintiff's use of the way to access his property and had made illegal constructions in defiance of agreements and public access.
The court found that the defendants had no right to obstruct the plaintiff's use of the way to access his property and had made illegal constructions in defiance of agreements and public access.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
Here the Ext A2 was executed in the year 2010 after the dedication of the property. From the evidence of Pw2 it is clear that Ext.A2 is a written acknowledgment of what was dedicated by the defendants. It is evident from the deposition of PW2 that the Ext.A2 document was created after the surrender of the property by the defendant.
Judgment Evidence:
The suit is decreed as follows: The defendant and their men are restrained by a perpetual injunction from tacking on any portion of the plaint B schedule property to their property on the south eastern corner.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Ibrahimkutty
- Party Age
- 48
- Relation
- S/o. Moideenkutty Haji
- Party Role
- Defendant
- Party Name
- Manningapattu Nafeesa
- Party Age
- 60
- Relation
- D/o. Saidalikutty Haji, W/o. Kunheen @Bava
- Party Role
- Defendant
- Party Name
- Humayoon Kabeer
- Party Age
- 38
- Relation
- S/o. Kunheen @Bava
Plaintiffs Documents
Certified copy of Janm assignment deed, Agreement, Tax receipts
Defendants Documents
Copy of Janm assignment deed
Advocates
Reliefs
Relief Type:
Perpetual Injunction
Outcome:
Granted
Description:
Restraining defendants from obstructing plaintiff's usage of the property
Evidence:
The suit is decreed as follows: The defendant and their men are restrained by a perpetual injunction from tacking on any portion of the plaint B schedule property to their property on the south eastern corner.
Documents & Evidence
Document Type:
Certified copy of Janm assignment deed
Submitted By:
Plaintiff
Relevance:
Ownership document of the plaintiff's property
Reference:
A1
Document Type:
Agreement
Submitted By:
Plaintiff
Relevance:
Agreement related to property negotiations
Reference:
A2
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Documenting tax payments for the property
Reference:
A3, A4
Document Type:
Copy of Janm assignment deed
Submitted By:
Defendant
Relevance:
Defendant's ownership document
Reference:
B1
Document Type:
Commissioner Report
Submitted By:
Court
Relevance:
Report detailing property measurements
Reference:
C1
Document Type:
Sketch
Submitted By:
Court
Relevance:
Sketch illustrating property layout
Reference:
C2
Case Classification
Case Type
Civil Suit - Perceptual Injunction
Category
Injunction and Access Rights
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Obstruction of property usage
Case Code
Case between Ibrahimkutty vs Manningapattu Nafeesa et al regarding right of way
Case Code Year
Case between Ibrahimkutty vs Manningapattu Nafeesa et al regarding right of way