Case Summary
This case involves KARYATT RAMSHAD and others as defendants and PUTHIYA KOYILOTH AMMAD HAJI as the plaintiff. The defendants are accused of trespassing into the plaint schedule property and constructing a compound wall.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Costs of Rs.1,000/- to the respondents/plaintiffs.
Case Type
Civil Suit
Final Judgment
No
The court allowed the petition to remit the commission report back to the Advocate commissioner for a fresh report regarding the property boundaries. The petitioners were ordered to pay costs to the respondents.
Why Plaintiff Won:
The court found that the petition was necessary to clarify the encroachment and directed a fresh inspection.
The court found that the petition was necessary to clarify the encroachment and directed a fresh inspection.
Losing Side's Weaknesses:
The court found that the petition was necessary to clarify the encroachment and directed a fresh inspection.
The court found that the petition was necessary to clarify the encroachment and directed a fresh inspection.
Supporting Evidence
In the interest of justice it is necessary to remit back the commission report and plan to the same Advocate commissioner to measure the property with the assistance of a Taluk Surveyor to understand the encroachment and the constructions effected by the defendants.
Judgment Evidence:
In the result, IA 8/2025 is allowed on a payment of costs of Rs.1,000/- to the respondents/plaintiffs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- PUTHIYA KOYILOTH AMMAD HAJI
- Party Age
- 74
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- KARYATT RAMSHAD
- Party Age
- 28
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- KARYATT ABDULLA RAZAQ
- Party Age
- 52
- Relation
- S/o
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Defendant
- Advocate Name
- Sri. Fareed Kalleri
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. N. M. Kutty Krishnan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
The petition was allowed to remit the commission report and plan back to the Advocate Commissioner.
Evidence:
Therefore, the petition is allowed on a payment of costs of Rs.1,000/- to the respondents/plaintiffs.
Documents & Evidence
Document Type:
Commission Report
Submitted By:
Court
Relevance:
The court referenced the commission report filed by the Advocate Commissioner dated 04.01.2025 to assess the encroachment issues.
Reference:
null
Document Type:
Sketch Plan
Submitted By:
Court
Relevance:
The court discussed the sketch plan produced along with the commission report related to property measurements.
Reference:
null
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court, Nadapuram
Common Reasons
Case Code
OS
Case Code Year
2024