Case Summary
Plaintiff claims rightful ownership of property, origin of dispute at time of resurvey. Court grants mandatory injunction to correct resurvey mistakes.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Mandatory and permanent prohibitory injunction
Case Type
Civil Case
Final Judgment
No
Court grants mandatory injunction and permanent prohibitory injunction, no order as to costs.
Why Plaintiff Won:
Plaintiff proved rightful ownership and errors in resurvey process.
Plaintiff proved rightful ownership and errors in resurvey process.
Losing Side's Weaknesses:
Plaintiff proved rightful ownership and errors in resurvey process.
Plaintiff proved rightful ownership and errors in resurvey process.
Supporting Evidence
Judgment Evidence:
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Ebrahimkutty
- Party Age
- 53
- Relation
- S/o Muhammed
- Party Role
- Defendant
- Party Name
- State of Kerala
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Survey Superintendent
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Tahsildar
- Relation
- Represented by
Plaintiffs Documents
Certified copy of Settlement Deed, Photocopy of Partition Deed, Office copy of lawyer notice, Postal receipts, True copy of records received under Right to Information Act, True copy of blue print, Notice issued by Secretory
Defendants Documents
Attested copy of BTR, Attested copy of FMB, Attested copy of Purambokku Register, Attested copy of Settlement Register
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Bindu P Nair
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Addl. Govt. Pleader
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
Relief granted for mandatory injunction.
Evidence:
The court order specifically mentions the grant of the mandatory injunction.
Relief Type:
Permanent Prohibitory Injunction
Outcome:
Granted
Description:
Relief granted for permanent prohibitory injunction.
Evidence:
The court order specifically mentions the grant of the permanent prohibitory injunction.
Relief Type:
Declaration
Outcome:
Unknown
Description:
Declaration requested by plaintiff.
Evidence:
Documents & Evidence
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of the Settlement Deed No.142/1975 of SRO, Perumbavoor
Reference:
Ext.A1
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
Photocopy of the Partition Deed executed between the plaintiff, his brother, and their mother
Reference:
Ext.A2
Document Type:
Commission report and Rough Sketch
Submitted By:
Court
Relevance:
Commission Report and rough sketch submitted by Advocate Commissioner Satheesh M Kumar
Reference:
Ext.C1
Document Type:
Commission report and Survey plan
Submitted By:
Court
Relevance:
Reference:
Case Classification
Case Type
Civil Case
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Perumbavoor
Common Reasons
Case Code
Case between Ebrahimkutty vs State of Kerala et al regarding Property ownership and injunction
Case Code Year
Case between Ebrahimkutty vs State of Kerala et al regarding Property ownership and injunction