Case Summary
Plaintiffs sought prohibitory injunction to prevent obstruction of their easement right through PQRS way against the defendants. Plaintiff filed a petition seeking withdrawal of the suit with liberty to file a fresh suit, as a related suit by the defendant regarding boundary was withdrawn.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff permitted to withdraw the suit with liberty to file fresh suit on the same subject matter.
Case Type
Civil Suit - Prohibitory Injunction
Final Judgment
No
Why Plaintiff Won:
The removal of the threat to the PQRS way, which was the subject of the suit, was deemed a sufficient ground to permit the withdrawal of the suit by the court.
The removal of the threat to the PQRS way, which was the subject of the suit, was deemed a sufficient ground to permit the withdrawal of the suit by the court.
Judgment Evidence:
Parties Involved
Plaintiffs
Erukattil Thami (Age not specified years)
Vettam amsom, & desom, Tirur Taluk
Erukkattil Soudamini (39 years)
Vettam amsom, & desom, Tirur Taluk
Perunkulath Aramughan (65 years)
Vettam amsom, & desom, Tirur Taluk
Perunkulath Chandaran (34 years)
Vettam amsom, & desom, Tirur Taluk
Unniyam Valappil Saninaba (45 years)
Vettam amsom, & desom, Tirur Taluk
Defendants
Karattu Kadavath Rasheed (40 years)
Vettom amsom, desom & Post, Tirur Taluk
Karattu Kadavath Noushad (24 years)
Vettom amsom, desom & Post, Tirur Taluk
Karattu Kadavath Latheef (36 years)
Vettom amsom, desom & Post, Tirur Taluk
Kunhol @ Pathummakkutty (Age not specified years)
Vettom amsom, desom & Post, Tirur Taluk
Kunhammu (Age not specified years)
Vettom amsom, desom & Post, Tirur Taluk
Krishnan (Age not specified years)
Prasanna (Age not specified years)
Vijaya (Age not specified years)
Indira (Age not specified years)
Prajesh (Age not specified years)
Praveen (Age not specified years)
Shylaja (Age not specified years)
Karattukadavath Thottiyil Bappuhaji's wife Kunhol @ Pathummakktty's Children (Age not specified years)
Vettom amsom, desom & Post, Tirur Taluk
Ayishumma (54 years)
Fathima (53 years)
Ramla (47 years)
Saifuneesa (44 years)
Sereena (34 years)
Abdul Azeez (51 years)
Shamsudheen (42 years)
Hameed (40 years)
Sakkeer Hussain (38 years)
Reliefs
Relief Type:
Withdrawal of the suit with liberty to file fresh suit
Outcome:
Granted
Description:
Plaintiff permitted to withdraw the suit with liberty to file fresh suit on the same subject matter.
Evidence: