Case Summary
Plaintiffs claimed prescriptive right over a pathway to access their property, defendants contested the claim resulting in a permanent prohibitory injunction granted in favor of the plaintiffs.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction
Case Type
Civil Suit - Right of Way Dispute
Final Judgment
No
Plaintiffs granted a permanent prohibitory injunction against defendants to use the pathway in question.
Why Plaintiff Won:
Plaintiffs demonstrated continuous, uninterrupted usage of the pathway for accessing their property, prescriptive easement over the pathway established.
Plaintiffs demonstrated continuous, uninterrupted usage of the pathway for accessing their property, prescriptive easement over the pathway established.
Losing Side's Weaknesses:
Plaintiffs demonstrated continuous, uninterrupted usage of the pathway for accessing their property, prescriptive easement over the pathway established.
Plaintiffs demonstrated continuous, uninterrupted usage of the pathway for accessing their property, prescriptive easement over the pathway established.
Supporting Evidence
Plaintiffs demonstrated continuous, uninterrupted usage of the pathway for accessing their property, prescriptive easement over the pathway established.
Judgment Evidence:
Plaintiffs granted a permanent prohibitory injunction against defendants to use the pathway in question.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Muhammed Kutty
- Party Age
- 58
- Relation
- Son of Abdulkhadar
- Party Role
- Plaintiff
- Party Name
- Thaha Subair
- Party Age
- 65
- Relation
- Son of Khalid Haji (Late)
- Party Role
- Defendant
- Party Name
- Thami Madathil Muhammed Kutty
- Party Age
- 78
- Party Role
- Defendant
- Party Name
- Thettammal Nabeesu
- Party Age
- 74
- Relation
- Widow of Late Bavunni
Plaintiffs Documents
Assignment deed No.1653/1072, Mumbattam Theeradharam No.4762/09, Jenm Assignment deed No.53/17, Jenm Assignment Deed No.2822/1992
Defendants Documents
Certified copy of partition deed No.2820/72, Certified copy of Jenm Assignment Deed No.2718/12, Mumbattam Theeradharam dated 31-5-1973, Mumbattam Panayam Theeradharam No.1932/68, Certified copy of Jenm Assignment Deed No.2758/85
Advocates
Reliefs
Relief Type:
Permanent Prohibitory Injunction
Outcome:
Granted
Description:
Plaintiffs granted a permanent prohibitory injunction against defendants to use the pathway
Evidence:
Plaintiffs granted a permanent prohibitory injunction against defendants to use the pathway in question.
Documents & Evidence
Document Type:
Assignment Deed
Submitted By:
Plaintiff
Relevance:
Established right of ownership
Reference:
Assignment deed No.1653/1072
Document Type:
Mumbattam Theeradharam
Submitted By:
Plaintiff
Relevance:
Legal document related to property rights
Reference:
Mumbattam Theeradharam No.4762/09
Document Type:
Certified Copy of Partition Deed
Submitted By:
Defendant
Relevance:
Legal document submitted by defendants
Reference:
Certified copy of partition deed No.2820/72
Document Type:
Certified Copy of Jenm Assignment deed
Submitted By:
Defendant
Relevance:
Legal document submitted by defendants
Reference:
Certified copy of Jenm Assignment Deed No.2718/12
Case Classification
Case Type
Civil Suit - Right of Way Dispute
Category
Injunction and Access Rights
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Prescriptive Easement Establishment
Case Code
Case between Muhammed Kutty vs Thama Subair & Others regarding right of way
Case Code Year
Case between Muhammed Kutty vs Thama Subair & Others regarding right of way