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
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.
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.
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