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ORIGINAL SUIT No. 328 OF 2014

Case between Haniya et al vs Muhammed regarding Injunction

Court
THE MUNSIFF COURT OF TIRUR
Judge
Sri. JANKISH NARAYANAN
Order Date
2019-11-21
Duration
5 years 1 day
Case Closed
Thu, 11/21/2019 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

Case involves Haniya and others suing Muhammed over a property access dispute. Plaintiff seeks an injunction to prevent defendant from obstructing a road needed to access their property.

Judgment Outcome

Plaintiff Won
Interim Order
Defendant restrained from altering the road as described, Plaintiff entitled to costs.
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction against defendant
Case Type
Injunction
Final Judgment
No
Defendant restrained from altering the road as described, Plaintiff entitled to costs.
Why Plaintiff Won:
Plaintiff had valid claim over the road as per legal documents.
Losing Side's Weaknesses:
Plaintiff had valid claim over the road as per legal documents.
Supporting Evidence
Plaintiff had undisputed legal entitlement to the road.

Judgment Evidence:

Suit decreed with costs; defendant restrained from altering road

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Haniya
Party Age
24
Relation
W/o. Chakkanaparambil
Party Role
Plaintiff
Party Name
Aboobacker Sidheequ
Relation
D/o. Cheriyeri Peediyekkal Haneefa
Party Role
Defendant
Party Name
Muhammed
Party Age
61
Relation
S/o. Chakkanaparambil Moideen @ Kunhutty
Plaintiffs Documents
Certified Copy of Jenm Assignment Deed, Ohari Avakasa Jenm Assignment Deed, Tax Receipt
Defendants Documents
Certified Copy of Mumpattam Assignment Deed, Partition Deed, Jenm Assignment Deed

Advocates

Reliefs

Relief Type: Injunction
Outcome: Granted
Description:
Permanent prohibitory injunction against altering the plaint B schedule way
Evidence:
Defendant is restrained from altering the lie and nature of the plaint B schedule way
Relief Type: Recovery
Outcome: Granted
Description:
Plaintiff entitled to realize the costs of the suit from the defendant
Evidence:
Plaintiff is entitled to realize the costs of the suit from the defendant

Documents & Evidence

Document Type: Certified Copy of Jenm Assignment deed
Submitted By: Plaintiff
Relevance:
Evidence of property assignment to the plaintiff and her husband
Reference:
Ext.A1
Document Type: Certified Copy of Ohari Avakasa Jenm Assignment Deed
Submitted By: Plaintiff
Relevance:
Evidence of property transfer from plaintiff's father-in-law to the plaintiff
Reference:
Ext.A2 and Ext.A3
Document Type: Certified Copy of Jenm Assignment deed
Submitted By: Plaintiff
Relevance:
Evidence of property assignment to the plaintiff
Reference:
Ext.A4
Document Type: Tax receipt
Submitted By: Plaintiff
Relevance:
Evidence of tax payment by the plaintiff and her husband
Reference:
Document Type: Certified Copy of Mumpattam Assignment Deed
Submitted By: Defendant
Relevance:
Submitted by the defendant
Reference:
Ext.B1
Document Type: Certified Copy of Partition Deed
Submitted By: Defendant
Relevance:
Submitted by the defendant
Reference:
Ext.B2
Document Type: Certified Copy of Jenm Assignment deed
Submitted By: Defendant
Relevance:
Submitted by the defendant
Reference:
Ext.B3

Case Classification

Case Type
Injunction
Category
Property and Possession Disputes
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Boundary Dispute
Case Code
Case between Haniya et al vs Muhammed regarding Injunction
Case Code Year
Case between Haniya et al vs Muhammed regarding Injunction

Quick Facts

Location
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Case Filed
Tue, 11/18/2014 - 12:00
Case Closed
Thu, 11/21/2019 - 12:00
From
Fri, 11/01/2019 - 12:00
To
Sat, 11/30/2019 - 12:00
Outcome Confidence
70%

Involved Entities

Government

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