Case Summary
The case involves Gireesh Kumar.P.K as the plaintiff against multiple defendants regarding the rights to conduct rituals in a temple. The plaintiff claims that he was assaulted by the defendants and seeks to prevent them from interfering with his rights as Karanavar.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction and mandatory injunction to return items
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff, granting permanent prohibitory injunction against the defendants and ordering them to return certain items related to temple rituals.
Why Plaintiff Won:
The plaintiff proved his rights as Karanavar of the tharawad temple and the defendants' unlawful actions.
The plaintiff proved his rights as Karanavar of the tharawad temple and the defendants' unlawful actions.
Losing Side's Weaknesses:
The plaintiff proved his rights as Karanavar of the tharawad temple and the defendants' unlawful actions.
The plaintiff proved his rights as Karanavar of the tharawad temple and the defendants' unlawful actions.
Supporting Evidence
The plaint averments are proved by the unchallenged oral testimonies of the PW1 and PW2 and the exhibit A1 to A4(a) document and the exhibit C1 to C3 documents. Hence, the plaintiff is entitled to a decree of permanent prohibitory injunction as sought for.
Judgment Evidence:
In the result, 1. The defendants are hereby restrained by way of permanent prohibitory injunction from obstructing the plaintiff from lighting the lamp or conducting poojas or ulsthavam in the temple in the plaint schedule property. 2. The defendants are hereby directed by way of mandatory injunction to hand over the peedam of the Kali Sankalpa and the notebooks to the plaintiff within 45 days from today failing which the plaintiff shall be entitled to execute the decree through the process of the court.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Gireesh Kumar.P.K
- Party Age
- 45
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Gireesh.P.K
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Unnikrishnan.N
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Baburaj
- Party Age
- 45
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Velayudhan @ Mani
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Mangalassery Neelakandan @ Unnikrishnan
- Relation
- S/o
Plaintiffs Documents
FIR dated 02.11.2022, Receipt dated 12.08.2013, Notice dated 09.01.2023, Notebook written by the father of plaintiff.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.S.Suresh Babu
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.T.P.Jayakumar
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Defendants are restrained from obstructing the plaintiff from lighting the lamp or conducting poojas or ulsthavam in the temple.
Evidence:
The defendants are hereby restrained by way of permanent prohibitory injunction from obstructing the plaintiff from lighting the lamp or conducting poojas or ulsthavam in the temple in the plaint schedule property.
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
Defendants are directed to hand over the peedam of the Kali Sankalpa and the notebooks to the plaintiff.
Evidence:
The defendants are hereby directed by way of mandatory injunction to hand over the peedam of the Kali Sankalpa and the notebooks to the plaintiff within 45 days from today.
Relief Type:
Costs
Outcome:
Granted
Description:
Defendants shall pay costs of the proceedings to the plaintiff.
Evidence:
The normal rule is that cost shall follow event.
Documents & Evidence
Document Type:
FIR
Submitted By:
Plaintiff
Relevance:
Downloaded copy of FIR dated 02.11.2022 related to the plaintiff being assaulted.
Reference:
Ext.A1
Document Type:
Receipt
Submitted By:
Plaintiff
Relevance:
Receipt dated 12.08.2013 of Puliyulla Kandiyil Sree Bhagavathi Temple.
Reference:
Ext.A2
Document Type:
Notice
Submitted By:
Plaintiff
Relevance:
Notice dated 09.01.2023.
Reference:
Ext.A3
Document Type:
Notebook
Submitted By:
Plaintiff
Relevance:
Notebook written by the father of the plaintiff containing details of the pooja.
Reference:
Ext.A4
Document Type:
Page of Notebook
Submitted By:
Plaintiff
Relevance:
Page no 89 of the notebook.
Reference:
Ext.A4(a)
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Report by Advocate Commissioner regarding the existence of the prathisthas.
Reference:
Ext.C1
Document Type:
Commission Plan
Submitted By:
Court
Relevance:
Sketch by Advocate Commissioner.
Reference:
Ext.C1(a)
Document Type:
Commission Photograph
Submitted By:
Court
Relevance:
Photograph produced by Advocate Commissioner.
Reference:
Ext.C1(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 Gireesh Kumar.P.K vs Gireesh.P.K et al regarding permanent prohibitory injunction and mandatory injunction
Case Code Year
Case between Gireesh Kumar.P.K vs Gireesh.P.K et al regarding permanent prohibitory injunction and mandatory injunction
Case Flags
Arrest Involved