Case Summary
Abdul Kareem Azad, the plaintiff, seeks an injunction against Marakkar, the defendant, for excavating soil on the western boundary of his property, which threatens its structural integrity. The plaintiff's case is based on the defendant's unauthorized construction of a BSNL tower.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction against the defendant from excavating soil on the western boundary of the plaint schedule property.
Case Type
Injunction
Final Judgment
No
The court found in favor of the plaintiff, granting an injunction to prevent the defendant from excavating soil that could harm the plaintiff's property. The plaintiff is also entitled to recover costs from the defendant.
Why Plaintiff Won:
The plaintiff proved his case by adducing cogent and reliable evidence.
The plaintiff proved his case by adducing cogent and reliable evidence.
Losing Side's Weaknesses:
The plaintiff proved his case by adducing cogent and reliable evidence.
The plaintiff proved his case by adducing cogent and reliable evidence.
Supporting Evidence
I find no reason to disbelieve PW.1. Therefore, I am satisfied that the plaintiff has proved his case by adducing cogent and reliable evidence.
Judgment Evidence:
In the result, the suit is decreed as follows. I. The defendant and his men are restrained, by way of permanent prohibitory injunction, from excavating soil on the western boundary of the plaint schedule property so as to affect the lateral support to the plaint schedule property and also from interfering with the peaceable possession and enjoyment of the property by the plaintiff.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Abdul Kareem Azad
- Party Age
- 55
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Marakkar
- Party Age
- 65
- Relation
- S/o
Plaintiffs Documents
Certified copy of Assignment Deed Doc. No.793/2003, Tax Receipt dated 6-3-2019
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Dinesh Pookkayil
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri.P.Sreehari
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.Riyas.V.T.
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.Vivek.P.
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Defendant restrained from excavating soil on the western boundary of the plaint schedule property.
Evidence:
The defendant and his men are restrained, by way of permanent prohibitory injunction, from excavating soil on the western boundary of the plaint schedule property so as to affect the lateral support to the plaint schedule property and also from interfering with the peaceable possession and enjoyment of the property by the plaintiff.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff entitled to realize the costs of the suit from the defendant.
Evidence:
Plaintiff is entitled to realize the costs of the suit from the defendant.
Documents & Evidence
Document Type:
Assignment Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of the Assignment Deed showing the plaintiff's ownership of the property.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Tax receipt dated 6-3-2019 pertaining to the plaint schedule property.
Reference:
Ext.A2
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report submitted by the Advocate Commissioner regarding the property.
Reference:
Ext.C1
Document Type:
Commission Plan
Submitted By:
Court
Relevance:
Commission plan submitted by the Advocate Commissioner related to the property.
Reference:
Ext.C2
Case Classification
Case Type
Injunction
Category
Other Civil Cases
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Case Code
Case between Abdul Kareem Azad vs Marakkar regarding Injunction
Case Code Year
Case between Abdul Kareem Azad vs Marakkar regarding Injunction