Case Summary
Plaintiff Ayishummu filed suit against defendant Kunhappa seeking to fix the boundary and obtain a mandatory injunction due to obstruction in using an accessway to the property.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Not Decided
Case Type
Civil Suit - Fixation of Boundary and Mandatory Injunction
Final Judgment
No
Key Reasoning:
The plaintiff failed to establish possession or claim to the disputed property ABCD.
The plaintiff failed to establish possession or claim to the disputed property ABCD.
Judgment Evidence:
The suit is dismissed with costs.
Parties Involved
Plaintiffs
Ayishummu (44 years)
Kunhanangattil Muhammedali, Kuttippuram amsom desom, Tirur Taluk
Defendants
Kunhappa (60 years)
Chekku Haji, Kuttippuram amsom desom, Bangla kunnu Road, Tirur Taluk
Reliefs
Relief Type:
Fixation of Boundary
Outcome:
Not Decided
Description:
Plaintiff sought boundary fixation but failed to provide evidence.
Evidence:
Plaintiff not entitled to get ABCD in Ext. as his boundary.
Relief Type:
Mandatory Injunction
Outcome:
Not Decided
Description:
Plaintiff requested for demolition of defendant's house obstructing the accessway
Evidence:
Hence, in view of the above said discussion, it is found that the plaintiff is not entitled to get ABCD in Ext. to be fixed as his boundary to item No.2 to plaint A schedule.
Documents & Evidence
Document Type:
Jenm Assignment Deed
Submitted By:
Plaintiff
Relevance:
Establishes ownership claim
Reference:
A1
Document Type:
Jenm Assignment Deeds
Submitted By:
Defendant
Relevance:
Property ownership evidence
Reference:
B1, B2
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Survey and boundary demarcation reports
Reference:
C1, C2, C3, C4, C5, C6