Case Summary
Plaintiff sought permanent prohibitory injunction against defendant for failing to complete construction work as per agreements and making false allegations.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Suit dismissed with costs
Case Type
Civil Suit - Permanent Prohibitory Injunction
Final Judgment
No
The suit filed by the plaintiff for permanent prohibitory injunction was dismissed with costs due to failure to establish a cause of action against the defendant.
Key Reasoning:
No cause of action established against the defendant.
No cause of action established against the defendant.
Why Defendant Won:
Not available
Not available
Supporting Evidence
Judgment Evidence:
Considering the above said facts, the suit is dismissed with costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Kodiyamkunnath Moideen Kutty
- Party Age
- 39
- Relation
- S/o Beerankutty
- Party Role
- Plaintiff
- Party Name
- Muhammed Shafi
- Party Role
- Defendant
- Party Name
- Karukayil Sathian
- Party Age
- 35
- Relation
- S/o Subrahmanian
Plaintiffs Documents
Agreement dated 1-8-2011, Detailed estimate of construction, Registered lawyer notice, Postal receipt, Acknowledgement, Photo copy of Agreement dated 17-02-2010
Defendants Documents
Not available
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. E.C. Suresh
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. P. Praveen
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Prohibitory Injunction
Outcome:
Refused
Description:
To restrain defendant from obstructing construction work
Evidence:
The suit was dismissed with costs due to failure to establish a cause of action against the defendant.
Documents & Evidence
Document Type:
Agreement
Submitted By:
Plaintiff
Relevance:
Detailing the terms of the construction agreement
Reference:
A1 : 1-8-2011 : Agreement
Document Type:
Detailed Estimate
Submitted By:
Plaintiff
Relevance:
Cost estimate for the residential building construction
Reference:
A2
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Notice informing repudiation of agreement
Reference:
A3(a): 25-03-2013: Registered lawyer notice
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Proof of delivery of notice
Reference:
A3(b): 26-03-2013: Postal receipt
Document Type:
Acknowledgement
Submitted By:
Plaintiff
Relevance:
Acknowledgment of communication
Reference:
A3(c) : 27-03-2013: Acknowledgement
Document Type:
Agreement
Submitted By:
Plaintiff
Relevance:
Original agreement for construction
Reference:
A4 : 17-02-2010: Photo copy of Agreement
Case Classification
Case Type
Civil Suit - Permanent Prohibitory Injunction
Category
Injunction and Access Rights
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Breach of Contract
Case Code
Case between Kodiyamkunnath Moideen Kutty et al vs Karukayil Sathian et al regarding construction agreement
Case Code Year
Case between Kodiyamkunnath Moideen Kutty et al vs Karukayil Sathian et al regarding construction agreement