Case Summary
The plaintiffs, Kunheente Purakkal Cheriyabava's children, filed a suit against the defendants for a permanent prohibitory injunction to prevent them from widening a road that encroaches on their property. The case arose after the defendants threatened to widen the road despite the plaintiffs' refusal.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction against the defendants from widening the road.
Case Type
Injunction
Final Judgment
No
Why Plaintiff Won:
The plaintiffs proved their case with cogent and reliable evidence, which remained unchallenged due to the defendants' failure to file a written statement or present any evidence.
The plaintiffs proved their case with cogent and reliable evidence, which remained unchallenged due to the defendants' failure to file a written statement or present any evidence.
Judgment Evidence:
In the result, the suit is decreed as follows. I. The defendants and their men are restrained, by way of permanent prohibitory injunction, from widening the road by encroaching upon the plaint A and B schedule properties.
Parties Involved
Plaintiffs
Subair (49 years years)
Rayirimangalam amsom desom, Tanur.P.O. Tirur Taluk PIN – 676 302.
Abdul Salam (40 years years)
Rayirimangalam amsom desom, Tanur.P.O. Tirur Taluk PIN – 676 302.
Defendants
Pisharath Kadarkutty (40 years years)
Keraladheeswarapuram amsom desom & Post Tirur Taluk.
Edappayil Anoj (42 years years)
Keraladheeswarapuram amsom desom & Post Tirur Taluk.
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
The defendants and their men are restrained from widening the road by encroaching upon the plaint A and B schedule properties.
Evidence:
the suit is decreed as follows. I. The defendants and their men are restrained, by way of permanent prohibitory injunction, from widening the road by encroaching upon the plaint A and B schedule properties.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiffs are entitled to realize the costs of the suit from the defendants.
Evidence:
Plaintiffs are entitled to realize the costs of the suit from the defendants.
Documents & Evidence
Document Type:
Jenm Assignment Deed
Submitted By:
Plaintiff
Relevance:
Plaint A schedule property belongs to the plaintiffs and their brother Latheef by virtue of the said document.
Reference:
Ext.A1
Document Type:
Jenm Assignment Deed
Submitted By:
Plaintiff
Relevance:
Plaint B schedule property belongs to the plaintiff No. 1 vide the said document.
Reference:
Ext.A2
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report submitted relevant to the case.
Reference:
Ext.C1
Document Type:
Commission Plan
Submitted By:
Court
Relevance:
Commission plan submitted relevant to the case.
Reference:
Ext.C2