Case Summary
C.K. Girija and C.K. Ramakrishnan are plaintiffs seeking to prevent the defendants, Premarajan and P.K. Praveen Kumar, from obstructing their access to a shared pathway. The case revolves around the use of a public pathway and an obstruction caused by a laterite wall constructed by the defendants.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants are directed to restore the plaint B schedule property by demolishing the laterite wall and to refrain from obstructing the plaintiffs from using the property.
Case Type
Civil Suit
Final Judgment
No
The suit was decreed in favor of the plaintiffs, ordering the defendants to remove the obstructive wall and allowing the plaintiffs to use the pathway.
Why Plaintiff Won:
The court found the plaintiffs' claims substantiated by unchallenged evidence, including property documents and a commissioner's report.
The court found the plaintiffs' claims substantiated by unchallenged evidence, including property documents and a commissioner's report.
Losing Side's Weaknesses:
The court found the plaintiffs' claims substantiated by unchallenged evidence, including property documents and a commissioner's report.
The court found the plaintiffs' claims substantiated by unchallenged evidence, including property documents and a commissioner's report.
Supporting Evidence
The unchallenged oral evidence, the documents marked and the commissioner's report prove the case of plaintiff. So, plaintiff is entitled to get a decree as prayed for.
Judgment Evidence:
In the result, Suit is decreed as follows: 1. Defendants are directed by way of mandatory injunction to restore the plaint B schedule property to its original condition by demolishing the L shaped 4 row laterite wall constructed on the south east side of the plaint B schedule.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- C.K. Girija
- Party Age
- 46
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- C.K. Ramakrishnan
- Party Age
- 44
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Premarajan
- Party Age
- 64
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- P.K. Praveen Kumar
- Party Age
- 37
- Relation
- S/o
Plaintiffs Documents
Certified copy of Janmam Assignment Deed No. 3053/2019, Copy of Land Tax Receipt issued by Village Officer, Perumanna.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- P.S.Ramalingam
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- P.M. Suresh Babu
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
Direct the defendants to demolish the 4 row laterite wall.
Evidence:
Defendants are directed by way of mandatory injunction to restore the plaint B schedule property to its original condition by demolishing the L shaped 4 row laterite wall constructed on the south east side of the plaint B schedule, shown in the Ext. (a) sketch.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Restrain the defendants from obstructing the plaintiffs from using the plaint B schedule property.
Evidence:
Defendants are restrained by way of perpetual injunction from obstructing the plaintiffs from using the plaint B schedule property.
Relief Type:
Other
Outcome:
Granted
Description:
Costs of the suit to be paid by the defendants to the plaintiffs.
Evidence:
Defendants are also liable to pay the costs of the suit to plaintiffs.
Documents & Evidence
Document Type:
Janmam Assignment Deed
Submitted By:
Plaintiff
Relevance:
Shows the eastern boundary of the plaint A schedule property is a path way.
Reference:
Ext.A1
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Provided evidence related to the property.
Reference:
Ext.A2
Document Type:
Photo
Submitted By:
Plaintiff
Relevance:
Visual evidence supporting the plaintiff's claims.
Reference:
Ext.A3
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Reported that plaint B schedule is the only path way to the plaint A schedule property.
Reference:
Ext.C1
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Documented the obstruction caused by the laterite wall on the plaint B schedule property.
Reference:
Ext.C2
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Case Code
Case between C.K. Girija et al vs Premarajan et al regarding permanent prohibitory and Mandatory injunction
Case Code Year
Case between C.K. Girija et al vs Premarajan et al regarding permanent prohibitory and Mandatory injunction