Case Summary
This case involves Kaniyari Parambil Navala and other plaintiffs seeking to fix the boundaries of a property claimed to be in their possession. The defendants, Asees Rahman P.K. and Ussain Haji, were absent during the proceedings.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court found no merit in the plaintiffs' suit for fixation of boundaries and dismissed it.
Key Reasoning:
The plaintiffs failed to establish a cause of action against the defendants.
The plaintiffs failed to establish a cause of action against the defendants.
Why Defendant Won:
The plaintiffs failed to establish a cause of action against the defendants.
The plaintiffs failed to establish a cause of action against the defendants.
Supporting Evidence
The court found that there is no relief sought against the defendants and no claim of right over the property was made against them.
Judgment Evidence:
In the result, The suit is dismissed without costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Kaniyari Parambil Navala
- Party Age
- 53
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Kaniyari Parambil Nasareena
- Party Age
- 50
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Kaniyari Parambil Nishada
- Party Age
- 47
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Kaniyari Parambil Najira
- Party Age
- 45
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Kaniyari Parambil Nubida
- Party Age
- 45
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Kaniyari Parambil Eassakoya
- Party Age
- 75
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Puthiyamaliyekkal Sainabi
- Party Age
- 47
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Asees Rahman P.K.
- Party Age
- 59
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Ussain Haji
- Party Age
- 65
- Relation
- S/o
Plaintiffs Documents
Gift deed No.969/1966, Joint Release Deed No.986/1966, Kanam Assignment Deed No: 585/1975, Joint Release Deed No: 812/1975, Settlement Deed No: 2090/2000, Survey Plan submitted by Nishad P.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. P. Muhammed Haneef
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Other
Outcome:
Not Decided
Description:
Plaintiffs sought a decree for the fixation of boundaries of the plaint schedule property.
Evidence:
The suit is one for fixation of boundaries of the plaint schedule property.
Documents & Evidence
Document Type:
Copy of Gift deed
Submitted By:
Plaintiff
Relevance:
This document is relevant as it establishes the transfer of property rights to Pathummakutty.
Reference:
Ext.A1
Document Type:
Copy of Joint Release Deed
Submitted By:
Plaintiff
Relevance:
This document shows the transfer of rights over the property from Imbichikoya and others to Pathummakutty and others.
Reference:
Ext.A2
Document Type:
Copy of the Kanam Assignment Deed
Submitted By:
Plaintiff
Relevance:
This document signifies the assignment of rights in favor of Eassakoya.
Reference:
Ext.A3
Document Type:
Copy of Joint Release Deed
Submitted By:
Plaintiff
Relevance:
This document indicates the transfer of rights from Abdul Kareem to Eassakoya.
Reference:
Ext.A4
Document Type:
Copy of the Settlement Deed
Submitted By:
Plaintiff
Relevance:
This document outlines the settlement of property rights in favor of Navala and others.
Reference:
Ext.A5
Document Type:
Copy of Survey Plan
Submitted By:
Plaintiff
Relevance:
This document is relevant for the measurement and delineation of the plaint schedule property boundaries.
Reference:
Ext.A6
Document Type:
Commission Report
Submitted By:
Court
Relevance:
This report provides the findings of the advocate commissioner regarding the property boundaries.
Reference:
Ext.C1
Document Type:
Commission Plan
Submitted By:
Court
Relevance:
This document presents the actual plan submitted by the land surveyor for the property.
Reference:
Ext.C1(a)
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 1 Kozhikode
Common Reasons
Case Code
Case between Kaniyari Parambil Navala et al vs Asees Rahman P.K. et al regarding fixation of boundary
Case Code Year
Case between Kaniyari Parambil Navala et al vs Asees Rahman P.K. et al regarding fixation of boundary