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ORIGINAL SUIT NO. 173 OF 2012

Case between Namrattu Kizhakkepat Kuttisankaran Nair vs Mannath Moosa et al regarding injunction

Court
Court of the Munsiff of Tirur
Judge
Smt. Vincy.T.V.
Order Date
2017-01-18
Duration
4 years 11 months
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Case Summary

Plaintiff seeks injunction against defendants who attempted to obstruct a public pathway used by local people in the locality.

Judgment Outcome

Plaintiff Won
Interim Order
The court granted the injunction preventing the defendants from obstructing the pathway.
Judgment Favored
Plaintiff
Relief Granted
Injunction
Case Type
Civil Suit - Injunction
Final Judgment
No
Why Plaintiff Won:
Explain the main legal or evidentiary reason stated by the court for granting or refusing relief.

Judgment Evidence:

In the result, the suit is decreed as follows:- 1. The defendants and his men are restrained by a injunction from making any obstruction to the plaint schedule property, preventing the plaintiff and others from passing and re-passing through the way at its available width and restrained the defendant from reducing the available width of the way. 2. The plaintiff is entitled to realise the cost of the suit from the defendants.

Parties Involved

Plaintiffs

Namrattu Kizhakkepat Kuttisankaran Nair (60 years) Valiyakunnu amsom, desom, Tirur Taluk

Defendants

Mannath Moosa (60 years) Valiyakunnu amsom, desom, Tirur Taluk Mannath Nafeesa (55 years) Valiyakunnu amsom, desom, Tirur Taluk Ayishakutty (Age not specified years) Kattikunnath House, Kariyannoor, Cherukundangadu amsom, desom, Pampalam Taluk, Palakkad District

Reliefs

Relief Type: Injunction
Outcome: Granted
Description:
Injunction to prevent obstruction of the pathway
Evidence:
In the result, the suit is decreed as follows:- 1. The defendants and his men are restrained by a injunction from making any obstruction to the plaint schedule property, preventing the plaintiff and others from passing and re-passing through the way at its available width and restrained the defendant from reducing the available width of the way.

Documents & Evidence

Document Type: Certified Copy of Judgment
Submitted By: Plaintiff
Relevance:
Judgment in OS. 247/1997
Reference:
Ext.A1
Document Type: Certified copy of decree
Submitted By: Plaintiff
Relevance:
Decree in OS. 247/1997
Reference:
Ext.A2
Document Type: Certified Copy of Partition Deed
Submitted By: Plaintiff
Relevance:
Partition deed
Reference:
Ext.A3
Document Type: Commissioner Report
Submitted By: Court
Relevance:
Reports regarding the property inspection
Reference:
Ext.C1, Ext.C3
Document Type: Plan
Submitted By: Court
Relevance:
Plans related to the property
Reference:
Ext.C2, Ext.C4

Quick Facts

Location
Tirur
Case Filed
Wed, 01/18/2012 - 12:00
Outcome Confidence
95%

Involved Entities

Private Individual

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