Case Summary
C.P Abdul Nazer filed a suit against his neighbors Sindhu Joseph and Pramod regarding a dispute over property rights and the right to use common areas. The plaintiff sought an injunction against the defendants who were allegedly attempting to obstruct his use of a common veranda and erect a shed on common property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction against the defendants from erecting structures and obstructing the plaintiff's use of common areas.
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiff, granting a permanent prohibitory injunction against the defendants from erecting any structures that obstruct the plaintiff's use of the common areas.
Why Plaintiff Won:
The evidence presented by the plaintiff was credible and consistent with his claims.
The evidence presented by the plaintiff was credible and consistent with his claims.
Losing Side's Weaknesses:
The evidence presented by the plaintiff was credible and consistent with his claims.
The evidence presented by the plaintiff was credible and consistent with his claims.
Supporting Evidence
The PW1 has deposed in tune with the plaint averments. There is nothing on record to disbelieve the evidence tendered by PW1. From the evidence tendered by PW1, I am of the opinion that the case of the plaintiff stands proved.
Judgment Evidence:
In the result, the suit is decreed as follows: i.The defendants are restrained by a decree of permanent prohibitory injunction from erecting any structures or any shade, truss work, or shed with iron rods and tin sheets or other materials extending to the western and eastern side of the building situated in the plaint A schedule property for their exclusive use and from obstructing the user of 'veranda' situated on the ground floor of the building situated in plaint A schedule property by the plaintiff.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- C.P Abdul Nazer
- Party Age
- 52
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sindhu Joseph
- Party Age
- 35
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Pramod
- Party Age
- 35
Plaintiffs Documents
Certified copy of the Sale Deed No. 2405/2013.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Pramod Kochuthomman
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- John Varghese
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Defendants are restrained from erecting any structures or obstructing the user of the common veranda.
Evidence:
The defendants are restrained by a decree of permanent prohibitory injunction from erecting any structures or any shade, truss work, or shed with iron rods and tin sheets or other materials extending to the western and eastern side of the building situated in the plaint A schedule property for their exclusive use and from obstructing the user of 'veranda' situated on the ground floor of the building situated in plaint A schedule property by the plaintiff.
Relief Type:
Costs
Outcome:
Granted
Description:
Plaintiff is entitled to realise the costs of the suit from the defendants.
Evidence:
In the light of facts and circumstances of the case, the plaintiff is entitled to realise the costs of the suit from the defendants.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of the Sale Deed No. 2405/2013 which pertains to the property in dispute.
Reference:
Ext.A1
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission Report filed by P. S Abdul Khadir.
Reference:
Ext.C1
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between C.P Abdul Nazer vs Sindhu Joseph et al regarding injunction and consequential reliefs
Case Code Year
Case between C.P Abdul Nazer vs Sindhu Joseph et al regarding injunction and consequential reliefs