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O.S No. 11/2021

Case between Hitesh M. Kothari et al vs N.S Ajas et al regarding permanent prohibitory injunction.

Court
THE COURT OF THE PRINCIPAL MUNSIFF, ERNAKULAM
Judge
Sri. Rohit Nandakumar
Order Date
2025-01-22
Duration
approximately-3 years 21 days
Case Closed
Wed, 01/22/2025 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

Hitesh M. Kothari and Dharmesh M Kothari, plaintiffs, filed a case against N.S Ajas and others for a permanent prohibitory injunction to prevent obstruction on their property access. The dispute centers on the access rights to their property and the defendants' claim of encroachment.

Judgment Outcome

Defendant Won
Interim Order
The court dismissed both OS 11/2021 and OS 32/2021, ruling that the plaintiffs failed to establish their claim for permanent prohibitory injunction and mandatory injunction.
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court dismissed both OS 11/2021 and OS 32/2021, ruling that the plaintiffs failed to establish their claim for permanent prohibitory injunction and mandatory injunction.
Key Reasoning:
The plaintiffs did not prove entitlement to the requested relief.
Why Defendant Won:
Not available
Supporting Evidence
The plaintiffs have failed to establish that there has been any loss or endangerment to the lateral support enjoyed by the plaint schedule property.

Judgment Evidence:

In the result, OS 11/2021 and OS 32/2021 stands dismissed. Parties are directed to suffer their respective costs.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Hitesh M. Kothari
Party Age
47
Relation
S/o
Party Role
Plaintiff
Party Name
Dharmesh M Kothari
Party Age
45
Relation
S/o
Party Role
Defendant
Party Name
N.S Ajas
Party Age
35
Relation
S/o
Party Role
Defendant
Party Name
N.S Niyaz
Party Age
32
Relation
S/o
Party Role
Defendant
Party Name
N.S Siyaz
Party Age
29
Relation
S/o
Party Role
Defendant
Party Name
V.K Shamsudeen
Party Age
65
Plaintiffs Documents
Certified copy of Sale Deed No. 769/2019, Land Tax Receipt issued by Village Officer, Vazhakkala, Property Tax paid receipt No. R-M 070900-24035654 issued by Thrikkakara Municipality
Defendants Documents
Certified copy of field sketch issued by Village Officer, Vazhakkala in respect of field No. 548, Certified copy of Sale Deed No. 2180/2017

Advocates

Party Role
Plaintiff
Advocate Name
A. Balagopalan
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
A. Rajagopalan
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
M.N Manmadan
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Karthika S. Varma
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
R. Rajesh
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Aswhin K
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Sojo J.K
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Sreedas K.P
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Anil S. Raj
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Anila Peter
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
P. Radhika Rajasekharan
Appearance Type
Main Counsel

Reliefs

Relief Type: Permanent Injunction
Outcome: Refused
Description:
The plaintiffs sought a permanent prohibitory injunction restraining the defendants from obstructing access to the plaint schedule property.
Evidence:
The suit is one for simple injunction with respect to the plaint schedule property.
Relief Type: Mandatory Injunction
Outcome: Refused
Description:
The plaintiffs requested a mandatory injunction directing defendants to restore lateral support to the compound wall.
Evidence:
In the facts and circumstances of the case, the plaintiffs have failed to establish that there has been any loss or endangerment to the lateral support enjoyed by the plaint schedule property.

Documents & Evidence

Document Type: Sale deed
Submitted By: Plaintiff
Relevance:
Establishes ownership of the plaint schedule property.
Reference:
Ext.A1
Document Type: Land Tax Receipt
Submitted By: Plaintiff
Relevance:
Demonstrates payment of land tax, supporting the plaintiffs' claim to the property.
Reference:
Ext.A2
Document Type: Property Tax Receipt
Submitted By: Plaintiff
Relevance:
Indicates the plaintiffs' compliance with tax obligations related to their property.
Reference:
Ext.A3
Document Type: Field Sketch
Submitted By: Defendant
Relevance:
Provides evidence regarding property boundaries as claimed by the defendants.
Reference:
Ext.B1
Document Type: Sale deed
Submitted By: Defendant
Relevance:
Identifies ownership and rights of the defendants concerning the disputed property.
Reference:
Ext.B2
Document Type: Commission Report
Submitted By: Court
Relevance:
Documents findings from the advocate commissioner regarding property access and ownership.
Reference:
Ext.C1
Document Type: Photographs
Submitted By: Court
Relevance:
Visual evidence supporting the commission report.
Reference:
Ext.C1(a)
Document Type: Commission Report
Submitted By: Court
Relevance:
Further findings from the advocate commissioner addressing the plaintiffs' claims.
Reference:
Ext.C2
Document Type: Photographs
Submitted By: Court
Relevance:
Visual evidence connected to the second commission report.
Reference:
Ext.C2(a)
Document Type: CD
Submitted By: Court
Relevance:
Additional evidence produced by the advocate commissioner, subject to proof.
Reference:
Ext.C2(b)
Document Type: Oral Evidence
Submitted By: Court
Relevance:
Testimony given by witnesses supporting both parties' claims.
Reference:

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 Hitesh M. Kothari et al vs N.S Ajas et al regarding permanent prohibitory injunction.
Case Code Year
Case between Hitesh M. Kothari et al vs N.S Ajas et al regarding permanent prohibitory injunction.

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Wed, 01/20/2021 - 12:00
Case Closed
Wed, 01/22/2025 - 12:00
From
Wed, 01/01/2025 - 12:00
To
Fri, 01/31/2025 - 12:00
Outcome Confidence
70%

Involved Entities

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