Case Summary
Plaintiffs seek perpetual injunction to prevent defendants from widening a pathway and constructing a road through their property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Perpetual Injunction
Case Type
Civil Suit - Perpetual Injunction
Final Judgment
No
Why Plaintiff Won:
The defendants failed to prove their contentions before the court with available documentary evidence and chief affidavit.
The defendants failed to prove their contentions before the court with available documentary evidence and chief affidavit.
Judgment Evidence:
In the result, suit is decreed as follows: 1. The defendants No.1-6 and Supple. D-8 and 9 are hereby restrained from widening the 4 feet pathway, shown as 'W' in the plaint and they are also restrained from grabbing plaint schedule properties and thereby construct road and from committing waste by way of perpetual injunction.
Parties Involved
Plaintiffs
Moideenkutty (42 years)
Palakkavalappil House, Kaloor, Purathoor amsom desom, Tirur Taluk
Muhammed kutty (44 years)
Palakkavalappil House, Kaloor, Purathoor amsom desom, Tirur Taluk
Arifa (38 years)
Palakkavalappil House, Kaloor, Purathoor amsom desom, Tirur Taluk
Defendants
Illikkal Muhammed's children et al (Age not specified years)
All residing at Kaloor, Purathoor amsom desom, Tirur Taluk
Pathummu (Age not specified years)
W/o Bapputty, Ittikaparambil House, Purathoor amsom desom, Tirur Taluk
Saritha (Age not specified years)
W/o Suresh, D/o Unnialan, Modern Namrath House, Purathoor amsom desom, Tirur Taluk
Reliefs
Relief Type:
Perpetual Injunction
Outcome:
Granted
Description:
To restrain defendants from widening the pathway and constructing a road on the plaintiff's property
Evidence:
The defendants failed to prove their contentions before the court with available documentary evidence and chief affidavit.
Documents & Evidence
Document Type:
Gift Deed
Submitted By:
Plaintiff
Relevance:
Dated 25-4-1980.
Reference:
A1
Document Type:
Jenm Assignment Deed
Submitted By:
Plaintiff
Relevance:
Dated 13-9-1996.
Reference:
A2
Document Type:
Possession Certificate
Submitted By:
Plaintiff
Relevance:
Dated 17-12-2014.
Reference:
A3
Document Type:
Cash Receipt
Submitted By:
Plaintiff
Relevance:
Dated; 5-5-2016.
Reference:
A4
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Dated; 26-7-2017.
Reference:
A6
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Submitted by Smt. Anjana.N.P. Advocate Commissioner.
Reference:
C1
Document Type:
Commission Plan
Submitted By:
Court
Relevance:
Submitted by Smt. Anjana.N.P. Advocate Commissioner.
Reference:
C2
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Submitted by Smt. Anjana.N.P. Advocate Commissioner.
Reference:
C3
Document Type:
Commission Plan
Submitted By:
Court
Relevance:
Submitted by Smt. Anjana.N.P. Advocate Commissioner.
Reference:
C4