Case Summary
Plaintiff Mohamed Bava sought permanent prohibitory injunction against defendants to prevent obstruction in using the road to access his property as per an agreement executed for forming the public way.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction
Case Type
Civil Suit - Permanent Prohibitory Injunction
Final Judgment
No
Why Plaintiff Won:
The defendants failed to appear in court despite filing a written statement disputing the plaintiff's claims.
The defendants failed to appear in court despite filing a written statement disputing the plaintiff's claims.
Judgment Evidence:
The suit is decreed as follows: The defendants are restrained by a permanent prohibitory injunction from causing any obstruction to the plaintiff from taking vehicle and passing and re-passing through the B schedule property.
Parties Involved
Plaintiffs
Mohamed Bava (62 years)
Kallingal House, Tanalur Amsom Desom, Tirur Taluk
Defendants
Ashraf (38 years)
Narunglil House
Rukhiya (45 years)
Kizhakenkara House
Shamsudheen (29 years)
Methukayil House
Sahira (26 years)
Methukayil House
Ummeriya (Age not specified years)
Narungalil House
Reliefs
Relief Type:
Permanent Prohibitory Injunction
Outcome:
Granted
Description:
Restrain defendants from obstructing plaintiff's access through the B schedule property
Evidence:
The suit is decreed as follows: The defendants are restrained by a permanent prohibitory injunction from causing any obstruction to the plaintiff from taking vehicle and passing and re-passing through the B schedule property.
Documents & Evidence
Document Type:
Certified Copy of Jenm Assignment deed
Submitted By:
Plaintiff
Relevance:
Showed ownership of the plaint schedule property.
Reference:
Ext.A1
Document Type:
Agreement of conveyance
Submitted By:
Plaintiff
Relevance:
Supporting the formation of the public road.
Reference:
Ext.A4
Document Type:
Commissioner's Report
Submitted By:
Court
Relevance:
Corroborating the plaintiff's claims.
Reference:
Ext.C1
Document Type:
Sketch
Submitted By:
Court
Relevance:
Providing visual evidence related to the case.
Reference:
Ext.C2