Case Summary
Hamza, the plaintiff, filed a suit against Basheer and others seeking the fixation of boundaries of his property and a permanent prohibitory injunction to prevent unauthorized construction and road access through his property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Fixation of boundary and Permanent Prohibitory Injunction
Case Type
Civil Suit - Boundary Fixation and Permanent Prohibitory Injunction
Final Judgment
No
Why Plaintiff Won:
The plaintiff effectively proved his ownership of the property and the unlawful actions of the defendants in attempting to grab the Western boundary for road construction.
The plaintiff effectively proved his ownership of the property and the unlawful actions of the defendants in attempting to grab the Western boundary for road construction.
Judgment Evidence:
The plaintiff is entitled to realize the entire costs of the proceedings from the defendants or from their assets.
Parties Involved
Plaintiffs
Hamza (70 years)
Parappurath (H), Thanalur amsom Pakara desom, Tirur Taluk
Defendants
Basheer (40 years)
Kalathil House
Moideen (50 years)
Melepeediyekkal House
Assainar (30 years)
Kanhirathingal House
Shareef (30 years)
Kanhirathingal House
Reliefs
Relief Type:
Fixation of Boundary
Outcome:
Granted
Description:
Plaintiff's Eastern boundary fixed as per Exhibits C4 plan.
Evidence:
Relief Type:
Permanent Prohibitory Injunction
Outcome:
Granted
Description:
Defendants restrained from disturbing plaintiff's possession, cutting trees, and constructing road on the property.
Evidence:
Relief Type:
Costs Recovery
Outcome:
Granted
Description:
Plaintiff entitled to realize entire costs of proceedings from defendants or their assets.
Evidence:
Documents & Evidence
Document Type:
Copy of Jenm Assignment Deed
Submitted By:
Plaintiff
Relevance:
Ownership document of plaintiff's property.
Reference:
A1
Document Type:
Copy of Partition Deed
Submitted By:
Plaintiff
Relevance:
Document showing partition with sole ownership of plaintiff.
Reference:
A2
Document Type:
Copy of Tax Receipt
Submitted By:
Plaintiff
Relevance:
Document supporting plaintiff's possession of the property.
Reference:
A3
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Report submitted by Advocate Commissioner after property measurement.
Reference:
C1
Document Type:
Commission Plan
Submitted By:
Court
Relevance:
Plan marking the Eastern boundary of plaintiff's property.
Reference:
C4