Case Summary
JedeshUmmar Hamza is seeking a permanent prohibitory injunction against Boby Tharian and MahaSubair for obstructing his right of way to his property. The defendants unlawfully constructed obstacles on the pathway used by the plaintiff, leading to this lawsuit.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The suit was dismissed as the plaintiff failed to establish any legal right over the plaint schedule properties. Consequently, both the permanent prohibitory injunction and mandatory injunction sought by the plaintiff were not granted.
Key Reasoning:
The plaintiff did not establish a threat to or the possibility of infringement of his legal right over the properties in question.
The plaintiff did not establish a threat to or the possibility of infringement of his legal right over the properties in question.
Why Defendant Won:
The plaintiff did not establish a threat to or the possibility of infringement of his legal right over the properties in question.
The plaintiff did not establish a threat to or the possibility of infringement of his legal right over the properties in question.
Supporting Evidence
The relief of permanent prohibitory injunction as sought for completely rests upon the establishment of right over the plaint schedule properties by him. Since the plaintiffs failed to establish any legal right over plaint schedule properties, he is not entitled to relief of permanent prohibitory injunction.
Judgment Evidence:
In the result, the suit is dismissed.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- JedeshUmmar Hamza
- Party Age
- 37
- Relation
- S/o.
- Party Role
- Defendant
- Party Name
- Boby Tharian
- Party Age
- 51
- Relation
- S/o.
- Party Role
- Defendant
- Party Name
- MahaSubair
- Party Age
- 41
- Relation
- W/o.
Plaintiffs Documents
Ext. A1 is the copy of registered sale deed No. 2371/2019 of Ernakulam SRO, Ext. A2 is the copy of registered sale deed No. 108/1989 of Ernakulam SRO, Ext. A3 is the copy of registered sale deed No. 109/1989 of Ernakulam SRO.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Liffy P. Francis
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Refused
Description:
The plaintiff sought a decree of permanent prohibitory injunction restraining the defendants from parking their vehicles or constructing any structures obstructing the use of the B Schedule private way.
Evidence:
Since the plaintiffs failed to establish any legal right over plaint schedule properties, he is not entitled to relief of permanent prohibitory injunction.
Relief Type:
Mandatory Injunction
Outcome:
Refused
Description:
The plaintiff prayed for a decree of mandatory injunction directing the removal of the water tank and meter chamber.
Evidence:
Given that the plaintiff has not established any legal right over, the plaint schedule properties, such a relief also cannot be allowed.
Documents & Evidence
Document Type:
Registered Sale Deed
Submitted By:
Plaintiff
Relevance:
Copy of registered sale deed No. 2371/2019 of Ernakulam SRO.
Reference:
Ext.A1
Document Type:
Registered Sale Deed
Submitted By:
Plaintiff
Relevance:
Copy of registered sale deed No. 108/1989 of Ernakulam SRO.
Reference:
Ext.A2
Document Type:
Registered Sale Deed
Submitted By:
Plaintiff
Relevance:
Copy of registered sale deed No. 109/1989 of Ernakulam SRO.
Reference:
Ext.A3
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 JedeshUmmar Hamza vs Boby Tharian et al regarding Permanent prohibitory injunction and other reliefs.
Case Code Year
Case between JedeshUmmar Hamza vs Boby Tharian et al regarding Permanent prohibitory injunction and other reliefs.