Case Summary
Plaintiff seeks perpetual injunction against defendants to prevent obstruction of a way to access his property purchased in Tirur.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Perpetual Injunction
Case Type
Civil Suit - Perpetual Injunction
Final Judgment
No
Why Plaintiff Won:
The plaintiff proved his exclusive ownership and possession of the way and demonstrated that the defendants had no right to obstruct his access.
The plaintiff proved his exclusive ownership and possession of the way and demonstrated that the defendants had no right to obstruct his access.
Judgment Evidence:
In the result, the suit is decreed as follows: 1. The defendants and their men are restrained by a perpetual injunction from causing any obstruction to the plaintiff in using the plaint B schedule way for his entry with vehicular access to plaint 'A' schedule item No.1. 2. The plaintiff is entitled to realise the cost of the suit from the defendants.
Parties Involved
Plaintiffs
Alachambatt Bava Haji (60 years)
Tirur amsom desom, Pookkayil Bazar Post, Tirur Taluk
Defendants
Edayath Hamza (45 years)
Tanaluoor amsom, Meenadathur desom, Tirur Taluk
Chalakkaparambil Fahad (30 years)
Tanaluoor amsom, Meenadathur desom, Tirur Taluk
Chalakkaparambil Faisal (25 years)
Tanaluoor amsom, Meenadathur desom, Tirur Taluk
Naduvil Kooriyil Manikandan (45 years)
Tanaluoor amsom, Meenadathur desom, Tirur Taluk
Reliefs
Relief Type:
Perpetual Injunction
Outcome:
Granted
Description:
Restrained defendants from obstructing plaintiff's access via the way
Evidence:
In the result, the suit is decreed as follows: 1. The defendants and their men are restrained by a perpetual injunction from causing any obstruction to the plaintiff in using the plaint B schedule way for his entry with vehicular access to plaint 'A' schedule item No.1. 2. The plaintiff is entitled to realise the cost of the suit from the defendants.
Documents & Evidence
Document Type:
Jenm Assignment Deed
Submitted By:
Plaintiff
Relevance:
Proved exclusive ownership and possession of the plaint A schedule property
Reference:
No.488/97
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Relevant for the case
Reference:
22-01-2014
Document Type:
Jenm Assignment Deed
Submitted By:
Defendant
Relevance:
Submitted by the defendant
Reference:
dated;18-1-2008
Document Type:
Commissioner Report
Submitted By:
Court
Relevance:
Reported specific details about the property
Reference:
13-03-2014