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ORIGINAL SUIT No. 212/2023

Case between Kombali Chandran vs Kombali Karunakaran regarding Permanent Prohibitory Injunction

Court
COURT OF THE MUNSIFF KOZHIKODE
Judge
Smt. Savitha T.P
Order Date
2025-07-25
Duration
approximately-2 years 5 days
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

Kombali Chandran filed a suit against Kombali Karunakaran seeking to restrain him from obstructing the use of a pathway and from dumping materials on the property. The plaintiff claims ownership of the pathway vital for access to his property and seeks court protection from the defendant's actions.

Judgment Outcome

Plaintiff Won
Interim Order
The court ruled in favor of the plaintiff, granting a decree to restrain the defendant from obstructing the plaintiff's use of the pathway and from making alterations to it. The defendant was ordered to refrain from any actions that would impede the plaintiff's access.
Judgment Favored
Plaintiff
Relief Granted
Defendant is restrained from obstructing the plaintiff from using the plaint B schedule pathway, adding any portion of the plaint A schedule property to the defendant's property, and from obliterating the present structure of the plaint B schedule property.
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiff, granting a decree to restrain the defendant from obstructing the plaintiff's use of the pathway and from making alterations to it. The defendant was ordered to refrain from any actions that would impede the plaintiff's access.
Why Plaintiff Won:
The plaintiff proved ownership and the necessity of the pathway, supported by uncontroverted evidence and documents.
Losing Side's Weaknesses:
The plaintiff proved ownership and the necessity of the pathway, supported by uncontroverted evidence and documents.
Supporting Evidence
The uncontroverted evidence of the plaintiff and the documents produced are sufficient to grant a decree. So the plaintiff is entitled to get a decree as prayed for.

Judgment Evidence:

In the result, the suit is decreed as follows: 1 The defendant is restrained from obstructing the plaintiff from using the plaint B schedule pathway in any ways. 2 The defendant is further restrained from adding any portion of the plaint A schedule property to the property of the defendant. 3 The defendant is further restrained from obliterating the present structure of the plaint B schedule property.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Kombali Chandran
Party Age
74
Relation
S/o
Party Role
Defendant
Party Name
Kombali Karunakaran
Party Age
57
Relation
S/o
Plaintiffs Documents
Original Joint Ozhimuri Deed No. 3071/2011 executed by Kombali Karunakaran and others of SRO, Feroke.
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Sri. Manoharan. M
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Sri. Prasanth. U
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Mohammed Shahid
Appearance Type
Main Counsel

Reliefs

Relief Type: Permanent Injunction
Outcome: Granted
Description:
The defendant is restrained from obstructing the plaintiff from using the plaint B schedule pathway in any ways.
Evidence:
The defendant is restrained from obstructing the plaintiff from using the plaint B schedule pathway in any ways.
Relief Type: Permanent Injunction
Outcome: Granted
Description:
The defendant is further restrained from adding any portion of the plaint A schedule property to the property of the defendant.
Evidence:
The defendant is further restrained from adding any portion of the plaint A schedule property to the property of the defendant.
Relief Type: Permanent Injunction
Outcome: Granted
Description:
The defendant is further restrained from obliterating the present structure of the plaint B schedule property.
Evidence:
The defendant is further restrained from obliterating the present structure of the plaint B schedule property.

Documents & Evidence

Document Type: Original Joint Ozhimuri Deed
Submitted By: Plaintiff
Relevance:
Proves the ownership and possession of the plaintiff in the plaint A schedule property.
Reference:
Ext.A1
Document Type: Commission Report
Submitted By: Court
Relevance:
Provided relevant findings in relation to the case.
Reference:
Ext.C1
Document Type: Sketch
Submitted By: Court
Relevance:
Visual representation relating to the property in question.
Reference:
Ext.C1(a)

Case Classification

Case Type
Civil Suit
Category
Other Civil Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Case Code
Case between Kombali Chandran vs Kombali Karunakaran regarding Permanent Prohibitory Injunction
Case Code Year
Case between Kombali Chandran vs Kombali Karunakaran regarding Permanent Prohibitory Injunction

Quick Facts

Location
KOZHIKODE
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Case Filed
Thu, 07/20/2023 - 12:00
Case Closed
From
Sun, 06/01/2025 - 12:00
To
Sun, 08/31/2025 - 12:00
Outcome Confidence
95%

Involved Entities

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