Case Summary
Faisy and Shahudeen are plaintiffs seeking a decree of permanent prohibitory injunction to protect their easement rights over a pathway. The defendant, Jaseera, is accused of attempting to obstruct access to this pathway.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
A permanent prohibitory injunction restraining the defendant from obstructing the plaintiffs' use of the pathway.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiffs, granting them a permanent prohibitory injunction against the defendant, Jaseera, from obstructing the use of the pathway.
Why Plaintiff Won:
The plaintiffs established their case through unchallenged oral and documentary evidence.
The plaintiffs established their case through unchallenged oral and documentary evidence.
Losing Side's Weaknesses:
The plaintiffs established their case through unchallenged oral and documentary evidence.
The plaintiffs established their case through unchallenged oral and documentary evidence.
Supporting Evidence
Through the unchallenged oral and documentary evidence adduced by the plaintiffs, the plaintiffs have established their case.
Judgment Evidence:
In the result, the suit is decreed as follows: A permanent prohibitory injunction is granted in favour of the plaintiffs and the defendant is restrained from obstructing the use of plaint C schedule pathway by the plaintiffs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Faisy (Abdul Faisy)
- Party Age
- 63
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Shahudeen
- Party Age
- 70
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Jaseera
- Party Age
- 39
- Relation
- D/o
Plaintiffs Documents
Settlement deed No. 2617/1997, Sale deed No. 2783/2006, Tax receipt dated 12.07.2021, Tax receipt dated 24.03.2022.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. A.S. Naushad
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
A permanent prohibitory injunction is granted in favour of the plaintiffs restraining the defendant from obstructing the plaint C schedule pathway.
Evidence:
So the plaintiffs are also entitled to get a decree of permanent prohibitory injunction.
Documents & Evidence
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Establishes ownership of plaint A schedule property.
Reference:
Ext.A1
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Establishes ownership of plaint B schedule property.
Reference:
Ext.A2
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Demonstrates tax paid for the property.
Reference:
Ext.A3
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Demonstrates tax paid for the property.
Reference:
Ext.A4
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Provides a report regarding the conditions and use of the plaint C schedule pathway.
Reference:
Ext.C1
Document Type:
Rough Sketch
Submitted By:
Court
Relevance:
Visual representation of the area and pathway relevant to the case.
Reference:
Ext.C1(a)
Case Classification
Case Type
Civil Suit
Category
Injunction and Access Rights
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiffs Court, Varkala
Common Reasons
Easement right obstruction
Case Code
Case between Faisy (Abdul Faisy) vs Jaseera regarding permanent prohibitory injunction.
Case Code Year
Case between Faisy (Abdul Faisy) vs Jaseera regarding permanent prohibitory injunction.