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
The court decreed in favor of the plaintiffs, restraining the defendants from widening the road by encroaching upon the plaintiffs' properties. The plaintiffs are also entitled to recover the costs of the suit from the defendants.
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.
Losing Side's Weaknesses:
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.
Supporting Evidence
Plaintiffs adduced evidence in tune with the plaint. Since the defendants did not file written statement and failed to adduce any evidence on their side, the evidence adduced by the plaintiffs remained unchallenged.
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
Parties
- Party Role
- Plaintiff
- Party Name
- Subair
- Party Age
- 49
- Party Role
- Plaintiff
- Party Name
- Abdul Salam
- Party Age
- 40
- Party Role
- Defendant
- Party Name
- Pisharath Kadarkutty
- Party Age
- 40
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Edappayil Anoj
- Party Age
- 42
- Relation
- S/o
Plaintiffs Documents
Copy of Jenm Assignment Deed dated 3-1-2002, Copy of Jenm Assignment Deed dated 16-6-2009.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. E.C.Suresh
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt.Sara.K.P.
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.P.P.Basheer
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.I.V.Rathish
- Appearance Type
- Main Counsel
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
Case Classification
Case Type
Injunction
Category
Other Civil Cases
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Case Code
Case between Kunheente Purakkal Cheriyabava's children vs Pisharath Kadarkutty et al regarding Injunction
Case Code Year
Case between Kunheente Purakkal Cheriyabava's children vs Pisharath Kadarkutty et al regarding Injunction