Case Summary
Plaintiffs sought perpetual injunction to prevent obstruction of a way through disputed properties partitioned among the parties; Defendants contested plaintiffs' claim and ownership of the disputed way.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Unknown
Case Type
Civil Suit - Perpetual Injunction
Final Judgment
No
Key Reasoning:
Plaintiffs failed to prove existence or ownership of the disputed way as claimed.
Plaintiffs failed to prove existence or ownership of the disputed way as claimed.
Judgment Evidence:
In the result, the suit is dismissed without costs.
Parties Involved
Plaintiffs
Cherada Kunhippocker @ Bava (61 years)
Ananthavoor Amsom, Kazhuthakkara Desom, Post Vairamkode, Tirur Taluk
Thiruvakalathil Aboobacker(Died) (Age not specified years)
Ananthavoor Amsom, Kazhuthakkara Desom, Tirur Taluk
Kadeeja (48 years)
Ananthavoor Amsom, Kazhuthakkara Desom, Tirur Taluk
Latheef (31 years)
Abdul Shukkoor (24 years)
Mumthaz (21 years)
Ananthavoor Amsom, Kazhuthakkara Desom, Tirur Taluk
Thesrifa (minor) (15 years)
Ananthavoor Amsom, Kazhuthakkara Desom, Tirur Taluk
Defendants
Moideen @ Cheriyath's children (Age not specified years)
Ananthavoor Amsom, Kazhuthakkara Desom, Tirur Taluk
Moideen @ Cheriyath's wife (65 years)
Ananthavoor Amsom, Kazhuthakkara Desom, Tirur Taluk
Documents & Evidence
Document Type:
Jenm Assignment Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Jenm Assignment Deed No. 1494/1994
Reference:
Ext.A1
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Partition Deed No. 256/1989
Reference:
Ext.A6
Document Type:
Jenm Assignment Deed
Submitted By:
Defendant
Relevance:
Partition Deed No. 338/2001
Reference:
Ext.B2
Document Type:
Commissioner's Report
Submitted By:
Court
Relevance:
Commissioner's report dated 31-12-2008
Reference:
Ext.C1