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IA 2/2025 in OS 13/2025

Case between KOLLAMPATIKKAL VASUDEVAN vs KUYYATIYIL MOIDU regarding temporary injunction

Court
THE COURT OF THE MUNSIFF, NADAPURAM
Judge
Sri. Yadukrishnan. B
Order Date
2025-07-09
Duration
approximately-5 months
Case Closed
Wed, 07/09/2025 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

Kollampatikkal Vasudevan, the plaintiff, seeks a temporary injunction against Kuyyatiyil Moidu, the defendant, to prevent blocking a pathway leading to the plaint schedule property. The plaintiff alleges that the defendant is constructing a compound wall that would obstruct access to the property.

Judgment Outcome

Defendant Won
Interim Order
The court dismissed the petition for a temporary injunction as the defendant was found to be an unnecessary party to the suit. It was concluded that granting the injunction would cause irreparable loss to the defendant.
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court dismissed the petition for a temporary injunction as the defendant was found to be an unnecessary party to the suit. It was concluded that granting the injunction would cause irreparable loss to the defendant.
Key Reasoning:
The plaintiff did not establish a prima facie case and the balance of convenience favored the defendant.
Why Defendant Won:
The plaintiff did not establish a prima facie case and the balance of convenience favored the defendant.
Supporting Evidence
The balance of convenience is in favour of the respondent/defendant. The prima facie case is not with the petitioner/plaintiff.

Judgment Evidence:

In the result, IA 2/2025 is dismissed with costs.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
KOLLAMPATIKKAL VASUDEVAN
Party Age
85
Relation
S/o
Party Role
Defendant
Party Name
KUYYATIYIL MOIDU
Party Age
65
Relation
S/o
Plaintiffs Documents
Photocopy of will executed by Raman Vaidyar, Purchase Certificate issued by Kunnummal Additional Land Tribunal to Kollampatikkal Vasu, Basic Tax Receipt issued by Village Officer, Kunnummal to Vasudevan.
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Sri. N. M. Kuttikrishnan
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Sri. C. R. Biju
Appearance Type
Main Counsel

Reliefs

Relief Type: Temporary Injunction
Outcome: Refused
Description:
Plaintiff sought a temporary injunction to prevent defendant from blocking pathway to plaint schedule property.
Evidence:
The balance of convenience is in favour of the respondent/defendant. The prima facie case is not with the petitioner/plaintiff.
Relief Type: Costs
Outcome: Granted
Description:
The petitioner/plaintiff was ordered to pay costs.
Evidence:
I.A.2/2025 is dismissed with costs.

Documents & Evidence

Document Type: Will
Submitted By: Plaintiff
Relevance:
Photocopy of will executed by Raman Vaidyar, establishing the plaintiff's claim to the property.
Reference:
Ext.A1
Document Type: Purchase Certificate
Submitted By: Plaintiff
Relevance:
Purchase Certificate issued by Kunnummal Additional Land Tribunal to Kollampatikkal Vasu, indicating the plaintiff's ownership rights.
Reference:
Ext.A2
Document Type: Tax receipt
Submitted By: Plaintiff
Relevance:
Basic Tax Receipt issued by Village Officer, Kunnummal to Vasudevan, showing plaintiff's regular payment of property tax.
Reference:
Ext.A3
Document Type: Commission Report
Submitted By: Court
Relevance:
Commission Report filed by Advocate Sivalatha, detailing the construction blocking the pathway.
Reference:
C1
Document Type: Sketch Plan
Submitted By: Court
Relevance:
Sketch Plan filed by Advocate Commissioner, supporting the findings in the Commission Report.
Reference:
C2

Case Classification

Case Type
Civil Suit
Category
Other Civil Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court, Nadapuram
Common Reasons
Case Code
Case between KOLLAMPATIKKAL VASUDEVAN vs KUYYATIYIL MOIDU regarding temporary injunction
Case Code Year
Case between KOLLAMPATIKKAL VASUDEVAN vs KUYYATIYIL MOIDU regarding temporary injunction

Quick Facts

Location
Kozhikode District, Kerala State
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court, Nadapuram
Case Filed
Sat, 02/01/2025 - 12:00
Case Closed
Wed, 07/09/2025 - 12:00
From
Tue, 04/01/2025 - 12:00
To
Sun, 08/31/2025 - 12:00
Outcome Confidence
90%

Involved Entities

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