Case Summary
Plaintiff filed suit seeking mandatory injunction to remove a wall obstructing their right of way as per partition deed, which was being used for access to their property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Mandatory Injunction, Perpetual Injunction
Case Type
Civil Suit - Mandatory Injunction, Perpetual Injunction
Final Judgment
No
Why Plaintiff Won:
The plaintiffs proved their right to the way as per the partition deed and demonstrated the obstruction caused by the defendants, leading to the court granting the injunctions.
The plaintiffs proved their right to the way as per the partition deed and demonstrated the obstruction caused by the defendants, leading to the court granting the injunctions.
Judgment Evidence:
Exts. A1, A2, A3, B1, C1, and C2 were marked as exhibits. The commissioner report confirmed the obstruction in the way.
Parties Involved
Plaintiffs
Abdul Latheef Nediyedath (60 years)
Nediyedath House, Iringavoor Amsom and Post, Elambulavu Desom, Tirur Taluk
Abbasali (54 years)
Pattayil House, Pookkayil Post, Tirur Taluk
Defendants
Kamarunneesa.N. (36 years)
Nediyodath House, Iringavoor Amsom and Post, Elambulavu Desom, Panambalam, Vaniyannur, Tirur Taluk
Fathima.N. (36 years)
Nediyodath House, Iringavoor Amsom and Post, Elambulavu Desom, Panambalam, Vaniyannur, Tirur Taluk
Saheera.N. (25 years)
Nediyodath House, Iringavoor Amsom and Post, Elambulavu Desom, Panambalam, Vaniyannur, Tirur Taluk
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
To remove the entire granite stone wall obstructing the way
Evidence:
Court found evidence from testimony and commissioner report
Relief Type:
Perpetual Injunction
Outcome:
Granted
Description:
To refrain from causing any further obstruction to the way
Evidence:
Supported by evidence presented in court
Documents & Evidence
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
Establishing ownership and right to the property
Reference:
A1
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
Supporting ownership and historical partition details
Reference:
A2
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
Further evidence for property ownership and inheritance
Reference:
A3
Document Type:
Settlement Deed
Submitted By:
Defendant
Relevance:
Document mentioned by defendants
Reference:
B1
Document Type:
Commissioner’s Report
Submitted By:
Court
Relevance:
Commissioner's findings of obstruction
Reference:
C1
Document Type:
Sketch
Submitted By:
Court
Relevance:
Sketch showing the property and obstruction
Reference:
C2