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ORIGINAL SUIT 19/2018

Case between JASHILNADH. R vs VADAKKAYIL PATHU et al regarding permanent prohibitory injunction and declaration

Court
IN THE COURT OF THE MUNSIFF, NADAPURAM
Judge
Sri. Yadukrishnan. B
Order Date
2025-08-21
Duration
approximately-7 years 6 months
Case Closed
Thu, 08/21/2025 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

Jashilnadh. R is the plaintiff seeking a permanent prohibitory injunction against VADAKKAYIL PATHU and others, who are accused of attempting to unlawfully construct a retaining wall affecting the plaintiff's property rights. The case centers on the right of way to the plaint A schedule property.

Judgment Outcome

Plaintiff Won
Interim Order
The court has decreed the suit in part, granting the plaintiff a permanent prohibitory injunction restraining the defendants from obstructing the plaintiff's use of the plaint B schedule way. Additionally, the defendants are directed to pay the costs of the suit to the plaintiff.
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction from obstructing the plaintiff from using plaint B schedule way excluding the plaint C schedule property.
Case Type
Civil Suit
Final Judgment
No
The court has decreed the suit in part, granting the plaintiff a permanent prohibitory injunction restraining the defendants from obstructing the plaintiff's use of the plaint B schedule way. Additionally, the defendants are directed to pay the costs of the suit to the plaintiff.
Why Plaintiff Won:
The plaintiff established a right of way through the plaint B schedule.
Losing Side's Weaknesses:
The plaintiff established a right of way through the plaint B schedule.
Supporting Evidence
The plaintiff submitted that the plaint B schedule property is the only way for the ingress and egress to the plaint A schedule property. The court finds that the plaintiff is entitled to a right of way through the plaint B schedule way excluding plaint C schedule property.

Judgment Evidence:

In the result, the suit is decreed with the costs in part as follows:- 1. The defendants and their men are restrained by way of permanent prohibitory injunction from obstructing the plaintiff from using plaint B schedule way excluding the plaint C schedule property which is shown in Ext.C2 plan.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
JASHILNADH. R
Party Age
33
Relation
S/o
Party Role
Defendant
Party Name
VADAKKAYIL PATHU
Party Age
60
Relation
W/o
Party Role
Defendant
Party Name
VADAKKAYIL NOUSHEED
Party Age
42
Relation
S/o
Party Role
Defendant
Party Name
VADAKKAYIL SHAMSEER
Party Age
32
Relation
S/o
Party Role
Defendant
Party Name
EDACHERI GRAMA PANCHAYATH
Relation
Represented by
Plaintiffs Documents
Settlement Deed No. 1561/07 of SRO, Edacheri, Basic Tax Receipt issued by Village Office, Edacheri to Jashilnadh.
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Sri. K. K. Anil Raj
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Sri. Krishna Kumar. K
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Smt. Henli. H
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Smt. Mijisha. P
Appearance Type
Main Counsel

Reliefs

Relief Type: Permanent Injunction
Outcome: Granted
Description:
Defendants and their men are restrained from obstructing the plaintiff from using plaint B schedule way excluding the plaint C schedule property.
Evidence:
The defendants and their men are restrained by way of permanent prohibitory injunction from obstructing the plaintiff from using plaint B schedule way excluding the plaint C schedule property which is shown in Ext.C2 plan.
Relief Type: Costs
Outcome: Granted
Description:
Defendants are directed to pay the costs of the suit to the plaintiff.
Evidence:
Since the costs shall follow the event, the plaintiff is entitled to realize the costs from the defendants.

Documents & Evidence

Document Type: Settlement Deed
Submitted By: Plaintiff
Relevance:
Proves title and ownership of the plaintiff over the plaint A schedule property.
Reference:
Ext.A1
Document Type: Basic Tax Receipt
Submitted By: Plaintiff
Relevance:
Proves title and ownership of the plaintiff over the plaint A schedule property.
Reference:
Ext.A2
Document Type: Commission Report
Submitted By: Court
Relevance:
Submitted by advocate commissioner regarding the plaint schedule properties.
Reference:
Ext.C1
Document Type: Sketch Plan
Submitted By: Court
Relevance:
Filed by advocate commissioner showing the outlines of the property.
Reference:
Ext.C2
Document Type: Commission Report
Submitted By: Court
Relevance:
Filed by advocate commissioner regarding the plaint schedule properties.
Reference:
Ext.C3
Document Type: Surveyor plan
Submitted By: Court
Relevance:
Filed by advocate commissioner regarding the plaint schedule properties.
Reference:
Ext.C4

Case Classification

Case Type
Civil Suit
Category
Property and Possession Disputes
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court, Nadapuram
Common Reasons
Unauthorized occupation
Case Code
Case between JASHILNADH. R vs VADAKKAYIL PATHU et al regarding permanent prohibitory injunction and declaration
Case Code Year
Case between JASHILNADH. R vs VADAKKAYIL PATHU et al regarding permanent prohibitory injunction and declaration

Quick Facts

Location
Kozhikode District
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court, Nadapuram
Case Filed
Mon, 01/01/2018 - 12:00
Case Closed
Thu, 08/21/2025 - 12:00
From
Tue, 04/01/2025 - 12:00
To
Sun, 08/31/2025 - 12:00
Outcome Confidence
95%

Involved Entities

Panchayat

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