Case Summary
The plaintiffs, Devaki. K. and Sureshkumar, sought a permanent prohibitory injunction against the defendants, Kabir et al, regarding the usage of a road as access to their property. The case involves disputes over property rights and access between the parties.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction and mandatory injunction to restore property to prior state.
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiffs, issuing a permanent prohibitory injunction against the defendants preventing them from obstructing access to the plaintiffs' property. The court also ordered the defendants to demolish unauthorized structures built on the plaintiffs' property.
Why Plaintiff Won:
The plaintiffs proved their right to access the property and showed evidence of prior agreements.
The plaintiffs proved their right to access the property and showed evidence of prior agreements.
Losing Side's Weaknesses:
The plaintiffs proved their right to access the property and showed evidence of prior agreements.
The plaintiffs proved their right to access the property and showed evidence of prior agreements.
Supporting Evidence
The evidence of PW1 and the documents produced remains unchallenged. As such, I find that the plaintiffs had proved their case and is entitled to a decree as prayed for.
Judgment Evidence:
In the result, the suit is decreed as follows:- 1)The defendants and their men are restrained by a decree of permanent prohibitory injunction from obstructing the usage of plaint B schedule way as an access to plaint A schedule property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Devaki. K.
- Party Age
- 60
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Sureshkumar
- Party Age
- 42
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Kondayil Majeed
- Party Age
- 64
- Party Role
- Defendant
- Party Name
- Kabir
- Party Age
- 50
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sidhique
- Party Age
- 48
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Nasar
- Party Age
- 46
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Suneera
- Party Age
- 44
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Sadath
- Party Age
- 42
- Relation
- S/o
Plaintiffs Documents
Certified copy of Janmam Assignment Deed No. 2539/2010, Certified copy of Janmam Assignment Deed No. 2538/2010, Agreement between 1st Plaintiff and Moideen Koya and Muhammed Riyas.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.G.Manoharlal
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.K.M.Musthafa
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Abdul Kahder
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Restraining the defendants from obstructing the use of plaint B schedule way.
Evidence:
The defendants and their men are restrained by a decree of permanent prohibitory injunction from obstructing the usage of plaint B schedule way as an access to plaint A schedule property.
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
Directing the defendants to demolish the portion shown in the commissioner's report and restore the property.
Evidence:
The defendants are directed to demolish the portion shown as S,T,U,F in yellow shade shown in the commissioner’s report dated 02.02.2022 and to restore the same to its prior state.
Relief Type:
Other
Outcome:
Granted
Description:
Entitling the plaintiffs to recover costs from the defendants.
Evidence:
The plaintiffs are entitled to realise the costs of the suit from the defendants.
Documents & Evidence
Document Type:
Janmam Assignment Deed
Submitted By:
Plaintiff
Relevance:
Proves the ownership of the plaint A schedule property by the first plaintiff.
Reference:
Ext.A1
Document Type:
Janmam Assignment Deed
Submitted By:
Plaintiff
Relevance:
Proves the ownership of the plaint A schedule property by the second plaintiff.
Reference:
Ext.A2
Document Type:
Agreement
Submitted By:
Plaintiff
Relevance:
Demonstrates the agreement allowing access to plaint B schedule property.
Reference:
Ext.A3
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Supports the evidence of possession by the plaintiffs.
Reference:
Ext.A4
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Supports the evidence of possession by the plaintiffs.
Reference:
Ext.A5
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Shows communication regarding the obstruction raised by the defendants.
Reference:
Ext.A6
Document Type:
Reply of Plaintiff No.2
Submitted By:
Plaintiff
Relevance:
Provides the plaintiffs' response to the notice issued by the defendants.
Reference:
Ext.A7
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Confirms the postal delivery of the reply by the plaintiffs.
Reference:
Ext.A7(a)
Document Type:
Janmam Assignment Deed
Submitted By:
Plaintiff
Relevance:
Proves prior ownership relevant to the property in question.
Reference:
Ext.A8
Document Type:
Deed
Submitted By:
Plaintiff
Relevance:
Further supports the ownership by showing another deed related to the property.
Reference:
Ext.A9
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Reports on the condition of the property and supports the plaintiffs' claims.
Reference:
Ext.C1
Document Type:
Plan
Submitted By:
Court
Relevance:
Illustrates the layout relevant to the commission report.
Reference:
Ext.C1(a)
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Further examination of the property conducted on behalf of the court.
Reference:
Ext.C2
Document Type:
Sketch
Submitted By:
Court
Relevance:
Provides details on the physical aspects of the contested property.
Reference:
Ext.C2(a)
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Examines the property to provide evidence relevant to the court's decision.
Reference:
Ext.C3
Document Type:
Surveyor's Plan
Submitted By:
Court
Relevance:
Gives a detailed survey of the property conditions.
Reference:
Ext.C3(a)
Document Type:
Commissioner’s Plan
Submitted By:
Court
Relevance:
Provides an overview of the property layout for the case.
Reference:
Ext.C3(b)
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 Devaki. K. vs Kabir regarding permanent prohibitory injunction and mandatory injunction
Case Code Year
Case between Devaki. K. vs Kabir regarding permanent prohibitory injunction and mandatory injunction