Case Summary
The plaintiff, K.Sathya Devan, seeks a permanent prohibitory injunction against the defendant, Medaparambil Abdul Latheef, to prevent blocking of access to his property. The defendant has attempted to obstruct a lane essential for the plaintiff's business activities.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction against blocking plaint C schedule property.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff, restraining the defendant from blocking the access to the plaintiff's property. The plaintiff is entitled to recover the costs of the suit from the defendant.
Why Plaintiff Won:
The unchallenged evidence of the plaintiff coupled with the documentary evidence supports the plaintiff's claims.
The unchallenged evidence of the plaintiff coupled with the documentary evidence supports the plaintiff's claims.
Losing Side's Weaknesses:
The unchallenged evidence of the plaintiff coupled with the documentary evidence supports the plaintiff's claims.
The unchallenged evidence of the plaintiff coupled with the documentary evidence supports the plaintiff's claims.
Supporting Evidence
The unchallenged evidence of PW1 coupled with Exts.A1 to A5, C1, C1(a), C1(b) to C1(f) would prove the case of the plaintiff.
Judgment Evidence:
In the result, the suit is decreed as follows: 1) The defendant is restrained by a decree of permanent prohibitory injunction from blocking plaint C schedule property in any manner and from obstructing the plaintiff from peacefully enjoying plaint C schedule property and also access through plaint C schedule property from plaint A and B schedule property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- K.Sathya Devan
- Party Age
- 70
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Medaparambil Abdul Latheef
- Party Age
- 61
- Relation
- S/o
Plaintiffs Documents
Lease agreement executed by Sathya Devan infavour of Beebi Soharabanu and others, licence issued by Kozhikode Corporation, Lease agreement executed by Been infavour of Sathya Devan, Copy of Police complaint filed by the Plaintiff before the inspector of Police Vellayil P.S, Sketch.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.K.B.Sivaramakrishnan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.E.V.Viswambaran
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
The defendant is restrained by a decree of permanent prohibitory injunction from blocking plaint C schedule property in any manner.
Evidence:
In the result, the suit is decreed as follows: 1) The defendant is restrained by a decree of permanent prohibitory injunction from blocking plaint C schedule property in any manner and from obstructing the plaintiff from peacefully enjoying plaint C schedule property.
Relief Type:
Other
Outcome:
Granted
Description:
The plaintiff can realise the costs of the suit from the defendant.
Evidence:
2) The plaintiff can realise the costs of the suit from the defendant.
Documents & Evidence
Document Type:
Lease Agreement
Submitted By:
Plaintiff
Relevance:
Photocopy of Lease agreement executed by Sathya Devan in favour of Beebi Soharabanu and others.
Reference:
Ext.A1
Document Type:
License
Submitted By:
Plaintiff
Relevance:
Photocopy of licence issued by Kozhikode Corporation.
Reference:
Ext.A2
Document Type:
Lease Agreement
Submitted By:
Plaintiff
Relevance:
Photocopy of Lease agreement executed by Beenu in favour of Sathya Devan.
Reference:
Ext.A3
Document Type:
Police Complaint
Submitted By:
Plaintiff
Relevance:
Copy of Police complaint filed by the Plaintiff before the inspector of Police Vellayil P.S.
Reference:
Ext.A4
Document Type:
Sketch
Submitted By:
Plaintiff
Relevance:
Sketch.
Reference:
Ext.A5
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission Report.
Reference:
Ext.C1
Document Type:
Sketch of Commissioner
Submitted By:
Court
Relevance:
Sketch of Commissioner.
Reference:
Ext.C1(a)
Document Type:
Photographs
Submitted By:
Court
Relevance:
Photographs.
Reference:
Ext.C1(b), C1(c), C1(d), C1(e), C1(f)
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 K.Sathya Devan vs Medaparambil Abdul Latheef regarding permanent prohibitory injunction.
Case Code Year
Case between K.Sathya Devan vs Medaparambil Abdul Latheef regarding permanent prohibitory injunction.