Skip to main content
Niyamam AI Niyamam AI

Main navigation

  • Home
  • Lawyer Login
  • Lawyer Registration
  • About us
  • Contact
ORIGINAL SUIT No. 137/2020

Case between C.K. Girija et al vs Premarajan et al regarding permanent prohibitory and Mandatory injunction

Court
COURT OF THE MUNSIFF-II
Judge
Smt. Savitha T.P
Order Date
2025-07-21
Duration
approximately-5 years 4 months 9 days
Case Closed
Mon, 07/21/2025 - 12:00

Judgement document from eCourt website

Judgment Document
Save Case Find Similar Cases

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

Plaintiff Won
Interim Order
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.
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.
Losing Side's Weaknesses:
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

Quick Facts

Location
Kozhikode
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Case Filed
Mon, 03/02/2020 - 12:00
Case Closed
Mon, 07/21/2025 - 12:00
From
Sun, 06/01/2025 - 12:00
To
Sun, 08/31/2025 - 12:00
Outcome Confidence
90%

Involved Entities

Similar Cases

Case between Kolassery Abdurahim vs Kanjirangal Kareem et al regarding property delivery
Rent Control Court
Civil Suit Plaintiff Won
Case between M/s. UCO Bank vs Abhinav.K.P et al regarding dismissal of suit.
MUNSIFF-II, KOZHIKODE
Civil Suit Defendant Won
Case between Girija et al vs Komalam et al regarding partition
MUNSIFF-II, KOZHIKODE
Civil Suit Defendant Won
Case between Fathima Minha.K vs State of Kerala et al regarding dismissal of suit
COURT OF THE ADDITIONAL MUNSIFF-II, KOZHIKODE
Civil Suit Dismissed
Case between M Sukumaran vs K. Ahammed et al regarding perpetual prohibitory injunction
Munsiff-II, Kozhikode
Civil Suit Plaintiff Won