Case Summary
Involves a property dispute between the plaintiff and the defendants regarding excavation activities causing threat to lateral support of the property.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The suit for declaration and perpetual prohibitory injunction was dismissed with costs.
Key Reasoning:
Why Defendant Won:
Supporting Evidence
Judgment Evidence:
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Chenkarathil Bhaskaran
- Party Age
- 60
- Relation
- S/o. Ayyappan
- Party Role
- Defendant
- Party Name
- Sukumaran
- Party Age
- 48
- Relation
- S/o. Kuttithamu
- Party Role
- Defendant
- Party Name
- Shyni
- Party Age
- 35
- Relation
- D/o. Prabhakaran
- Party Role
- Defendant
- Party Name
- Subadra
- Party Age
- 45
- Relation
- W/o. Santhappan
- Party Role
- Defendant
- Party Name
- Sreemathi
- Party Age
- 38
- Relation
- W/o. Sundaramoorthi
- Party Role
- Defendant
- Party Name
- Sundaramoorthi
- Party Age
- 49
- Relation
- H/o. Sreemathi
Plaintiffs Documents
Certified Copy of Joint Possession Kanam Assignment Deed, No.2535/1998, Certified Copy of Kanam Ohari Avakasam Assignment Deed, No.73/2001, Building Tax Receipt, Tax Receipt, Copy of Complaint to District Collector, Malappuram, Copy of Complaint to Village Office, Ponmundam, Receipt for Petition, Copy of Petition to Sub Inspector of Police, Kalpakancheri, Receipt for Complaint No.PGR/264/2015/261, Tax Receipt, Tax Receipt, Cash Receipt, Certified Copy of Kanam Assignment Deed, No.957/1956
Defendants Documents
Commission Report, Plan, Commission Report, Plan
Advocates
Documents & Evidence
Document Type:
Certified Copy of Joint Possession Kanam Assignment Deed
Submitted By:
Plaintiff
Relevance:
Original document proving plaintiff's title to the property
Reference:
No.2535/1998
Document Type:
Certified Copy of Kanam Ohari Avakasam Assignment Deed
Submitted By:
Plaintiff
Relevance:
Original document showing release of shares in plaintiff's favor
Reference:
No.73/2001
Document Type:
Building Tax Receipt
Submitted By:
Plaintiff
Relevance:
Document establishing payment of building tax
Reference:
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Document evidencing payment of tax related to property
Reference:
Document Type:
Copy of Complaint to District Collector, Malappuram
Submitted By:
Plaintiff
Relevance:
Complaint lodged by plaintiff regarding excavation activity
Reference:
Document Type:
Copy of Complaint to Village Office, Ponmundam
Submitted By:
Plaintiff
Relevance:
Complaint lodged by plaintiff regarding excavation activity
Reference:
Document Type:
Receipt for Complaint No.PGR/264/2015/261
Submitted By:
Plaintiff
Relevance:
Receipt for filing a complaint
Reference:
Document Type:
Copy of Petition to Sub Inspector of Police, Kalpakancheri
Submitted By:
Plaintiff
Relevance:
Document submitted to police regarding excavation activity
Reference:
Document Type:
Certified copy of Kanam Assignment Deed
Submitted By:
Plaintiff
Relevance:
Original Kanam Assignment Deed from 1956
Reference:
No.957/1956
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Document prepared by advocate commissioner after property inspection
Reference:
Document Type:
Plan
Submitted By:
Court
Relevance:
Document containing property layout plan
Reference:
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Boundary Dispute
Case Code
Case between Chenkarathil Bhaskaran vs Sukumaran et al regarding declaration and injunction
Case Code Year
Case between Chenkarathil Bhaskaran vs Sukumaran et al regarding declaration and injunction