Case Summary
Nedumulli Pottammal Abbas is the plaintiff who seeks a permanent injunction against Musthafa, the defendant, regarding a pathway to his property. The case involves allegations of trespassing and attempted construction by the defendant.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant and their men are restrained from obstructing the plaintiff from using the plaint B schedule property.
Case Type
Original Suit
Final Judgment
No
The court decreed the suit, restraining the defendant from obstructing the plaintiff's usage of a pathway and from constructing a boundary wall. The plaintiff was also awarded costs.
Why Plaintiff Won:
The case of the plaintiff stands proved from the affidavit and documents submitted.
The case of the plaintiff stands proved from the affidavit and documents submitted.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
Nothing before this court to disbelieve the evidence put forth by the plaintiff.
Judgment Evidence:
In the result, suit is decreed with costs as follows: - 1. Defendant and their men are restrained from obstructing the plaintiff from using the plaint B schedule property. 2. Defendant and their men are restrained from constructing boundary wall in the plaint B schedule property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Nedumulli Pottammal Abbas
- Party Age
- 65
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Musthafa
- Party Age
- 41
- Relation
- S/o
Plaintiffs Documents
Certified copy of Janmam Assignment Deed No. 1632/2020, Copy of Land Tax Receipt issued by Village Officer, Cheruvannur, Copy of Plaint Schedule Property Plan
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. K. M. Musthafa
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. Prasanth. U
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Abdul Nazar
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Defendant and their men are restrained from obstructing the plaintiff from using the plaint B schedule property.
Evidence:
Defendant and their men are restrained from obstructing the plaintiff from using the plaint B schedule property.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Defendant and their men are restrained from constructing a boundary wall in the plaint B schedule property.
Evidence:
Defendant and their men are restrained from constructing boundary wall in the plaint B schedule property.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff is entitled to get costs of the suit from defendant.
Evidence:
Plaintiff is entitled to get costs of the suit from defendant.
Documents & Evidence
Document Type:
Certified Copy of Janmam Assignment Deed
Submitted By:
Plaintiff
Relevance:
This document establishes the ownership of the plaint A schedule property by the plaintiff.
Reference:
Ext.A1
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
This document supports the claim of the plaintiff regarding the property.
Reference:
Ext.A2
Document Type:
Copy of Plaint Schedule Property Plan
Submitted By:
Plaintiff
Relevance:
This document aids in identifying the boundaries and access to the plaint A schedule property.
Reference:
Ext.A3
Document Type:
Commission Report
Submitted By:
Court
Relevance:
This report provides factual findings relevant to the property's usage and access.
Reference:
Ext.C1
Document Type:
Sketch
Submitted By:
Court
Relevance:
This sketch visually represents the details of the plaint B schedule property.
Reference:
Ext.C1(a)
Case Classification
Case Type
Original Suit
Category
Other Civil Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Case Code
Case between Nedumulli Pottammal Abbas vs Musthafa regarding permanent prohibitory injunction
Case Code Year
Case between Nedumulli Pottammal Abbas vs Musthafa regarding permanent prohibitory injunction