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OS 80/2012

Case between Kalodi Muhammedkutty vs Karattu Assainar regarding water canal obstruction

Court
Court of the Munsiff of Tirur
Judge
Smt. VINCY.T.V.
Order Date
2017-09-28
Duration
5 years
Case Code No.
80
Case Closed
Thu, 09/28/2017 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

Plaintiff seeks a permanent injunction to restrain the defendant from filling up a water canal, crucial for plaintiff's paddy field cultivation, leading to a dispute over alleged violations by the defendant converting the land.

Judgment Outcome

Defendant Won
Interim Order
Plaintiff's suit for permanent prohibitory injunction was dismissed due to lack of evidence supporting ownership and right to water use.
Judgment Favored
Defendant
Relief Granted
Dismissed
Case Type
Civil Suit - Permanent Injunction
Final Judgment
No
Plaintiff's suit for permanent prohibitory injunction was dismissed due to lack of evidence supporting ownership and right to water use.
Key Reasoning:
The plaintiff failed to prove ownership, existence of the water canal, and established a right to claim permanent injunction.
Why Defendant Won:
The plaintiff failed to prove ownership, existence of the water canal, and established a right to claim permanent injunction.
Supporting Evidence
In view of the above said discussion I dismiss the suit with costs.

Judgment Evidence:

The suit is liable to be dismissed with costs.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Kalodi Muhammedkutty
Party Age
57
Relation
Son of
Party Role
Defendant
Party Name
Karattu Assainar
Party Age
60
Relation
Son of
Party Role
Defendant
Party Name
Rafi @ Bappu
Party Age
35
Relation
Son of
Plaintiffs Documents
Jenm Assignment deed dated: 28-4-2000, Tax Receipt dated 29-1-2011 etc.
Defendants Documents
Jenm Assignment deed dated: 22-4-2010, Tax Receipt dated 8-10-2010 etc.

Advocates

Reliefs

Relief Type: Permanent Injunction
Outcome: Dismissed
Description:
To restrain the defendants from filling up the water canal
Evidence:
The plaintiff's suit was dismissed due to lack of evidence supporting ownership and right to water use.

Documents & Evidence

Document Type: Jenm Assignment Deed
Submitted By: Plaintiff
Relevance:
Ownership documents of the plaintiff's property
Reference:
Ext.A1
Document Type: Tax receipt
Submitted By: Plaintiff
Relevance:
Document showing tax payment for the property
Reference:
Ext.A2
Document Type: Jenm Assignment Deed
Submitted By: Defendant
Relevance:
Ownership documents of the defendant's property
Reference:
Ext.B1
Document Type: Tax receipt
Submitted By: Defendant
Relevance:
Document showing tax payment for the defendant's property
Reference:
Ext.B2

Case Classification

Case Type
Civil Suit - Permanent injunction
Category
Injunction and Access Rights
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Ownership Dispute
Case Code
OS
Case Code Year
2012

Quick Facts

Location
Tirur
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Case Filed
Wed, 09/19/2012 - 12:00
Case Closed
Thu, 09/28/2017 - 12:00
From
Fri, 09/01/2017 - 12:00
To
Sat, 09/30/2017 - 12:00
Outcome Confidence
90%

Involved Entities

Private Individual

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