Case Summary
Plaintiff seeks to fix the boundary, obtain a mandatory injunction, and recover possession of the property from defendants. Dispute arises over the ownership and right of way through ancestral property.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Suit dismissed
Case Type
Civil Suit - Boundary Fixation, Mandatory Injunction, Possession Recovery
Final Judgment
No
Key Reasoning:
The plaintiff failed to establish title, boundaries, and possession over the disputed property.
The plaintiff failed to establish title, boundaries, and possession over the disputed property.
Judgment Evidence:
Ext.C4 report indicated the lack of identifiable boundaries and physical possession of the disputed property.
Parties Involved
Plaintiffs
Suhara (32 years)
Tirur Amsom, Porur Desom, Post Pookkayil Bazar. Tirur Taluk.
Kunnathedath Thettammal Najeemudheen (40 years)
Tirur Amsom, Porur Desom, Post Pookkayil Bazar. Tirur Taluk.
Defendants
Ameer Faizal (41 years)
Tirur Amsom, Porur Desom, Post Pookkayil Bazar, Tirur Taluk.
Abdul Kalam (47 years)
Muhammed Kassim (45 years)
Muhammed Rafeekh (38 years)
Firoz (35 years)
Jafsal (32 years)
Suhara (38 years)
Ramseena (28 years)
Beekkutty (66 years)
Reliefs
Relief Type:
Boundary Fixation
Outcome:
Not Granted
Description:
Seeking to fix the boundary delineation of the disputed property.
Evidence:
Ext.C4 report indicated lack of identifiable boundaries.
Relief Type:
Mandatory Injunction
Outcome:
Not Granted
Description:
Requesting a mandatory court order for the defendant to demolish a wall obstructing plaintiff's entry to the property.
Evidence:
The evidence showed lack of possession of the disputed property by the plaintiff.
Relief Type:
Possession Recovery
Outcome:
Not Granted
Description:
Seeking recovery of possession of the property from the defendant.
Evidence:
Evidence from the Commissioner reports and plaintiff's witness pointed to absence of identifiable boundaries and possession.
Documents & Evidence
Document Type:
Jenm Assignment Deed
Submitted By:
Plaintiff
Relevance:
Document showing the property purchase by the plaintiff.
Reference:
No. 60/2010
Document Type:
Unknown
Submitted By:
Defendant
Relevance:
Document relevance not specified.
Reference:
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commissioner report indicating lack of identifiable boundaries for the disputed property.
Reference:
Ext.C4