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ORIGINAL SUIT NO. 43 OF 2014

Case between Ibrahimkutty vs Manningapattu Nafeesa et al regarding right of way

Court
Court of the Munsiff of Tirur
Judge
Smt. VINCY.T.V.,B.A, LL.B.
Order Date
2017-03-22
Duration
2 years 4 months 21 days
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Case Summary

Plaintiff, Ibrahimkutty, seeks a perpetual injunction to prevent the defendants from obstructing his use of the way to access his property, claiming the defendants have no right over the property.

Judgment Outcome

Plaintiff Won
Interim Order
The court decreed the suit granting perpetual injunction to prevent defendants from obstructing plaintiff's usage of the property
Judgment Favored
Plaintiff
Relief Granted
Perpetual Injunction
Case Type
Civil Suit - Perceptual Injunction
Final Judgment
No
Why Plaintiff Won:
The court found that the defendants had no right to obstruct the plaintiff's use of the way to access his property and had made illegal constructions in defiance of agreements and public access.

Judgment Evidence:

The suit is decreed as follows: The defendant and their men are restrained by a perpetual injunction from tacking on any portion of the plaint B schedule property to their property on the south eastern corner.

Parties Involved

Plaintiffs

Ibrahimkutty (48 years) Panayampurath House, Ponmundam amsom, Chilavil desom, Post Ponmundam, Tirur Taluk

Defendants

Manningapattu Nafeesa (60 years) Ponmundam amsom, Chilavil desom, Post Ponmundam, Tirur Taluk Humayoon Kabeer (38 years) Ponmundam amsom, Chilavil desom, Post Ponmundam, Tirur Taluk

Reliefs

Relief Type: Perpetual Injunction
Outcome: Granted
Description:
Restraining defendants from obstructing plaintiff's usage of the property
Evidence:
The suit is decreed as follows: The defendant and their men are restrained by a perpetual injunction from tacking on any portion of the plaint B schedule property to their property on the south eastern corner.

Documents & Evidence

Document Type: Certified copy of Janm assignment deed
Submitted By: Plaintiff
Relevance:
Ownership document of the plaintiff's property
Reference:
A1
Document Type: Agreement
Submitted By: Plaintiff
Relevance:
Agreement related to property negotiations
Reference:
A2
Document Type: Tax receipt
Submitted By: Plaintiff
Relevance:
Documenting tax payments for the property
Reference:
A3, A4
Document Type: Copy of Janm assignment deed
Submitted By: Defendant
Relevance:
Defendant's ownership document
Reference:
B1
Document Type: Commissioner Report
Submitted By: Court
Relevance:
Report detailing property measurements
Reference:
C1
Document Type: Sketch
Submitted By: Court
Relevance:
Sketch illustrating property layout
Reference:
C2

Quick Facts

Location
Tirur
Case Filed
Sat, 11/01/2014 - 12:00
Outcome Confidence
85%

Involved Entities

Private Individual

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