Case Summary
Marakkar filed a suit against Abdul Kareem Azad seeking an injunction to prevent excavation that affected the lateral support of his property. The case involved issues related to property boundaries and retaining walls.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction against the defendant and mandatory injunction to reclaim the property.
Case Type
Injunction
Final Judgment
No
Why Plaintiff Won:
The plaintiff proved his case with cogent and reliable evidence.
The plaintiff proved his case with cogent and reliable evidence.
Judgment Evidence:
In the result, the suit is decreed as follows; I. The defendant and his men are restrained, by way of permanent prohibitory injunction, from excavating soil so as to affect the lateral support to the plaint schedule property and the structures therein.
Parties Involved
Plaintiffs
Marakkar (65 years years)
Thottiyil House, Tirur amsom Chembra desom, Tirur Taluk. PIN – 676 101.
Defendants
Abdul Kareem Azad (55 years years)
Mandayapurath House, Tirur amsom Chembra desom, Tirur Taluk. PIN – 676 101.
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
The defendant is permanently prohibited from excavating soil affecting the plaintiff's property.
Evidence:
The defendant and his men are restrained, by way of permanent prohibitory injunction, from excavating soil so as to affect the lateral support to the plaint schedule property and the structures therein.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
The defendant is permanently prohibited from interfering with the plaintiff's possession and enjoyment of the property.
Evidence:
The defendant and his men are further restrained by way of permanent prohibitory injunction from interfering with the peaceable possession and enjoyment of the plaint schedule property, by the plaintiff.
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
The defendant is directed to reclaim the excavated property.
Evidence:
The defendant is directed by way of mandatory injunction to reclaim the property to its original position by filling up the pit, having depth of 6-8 feet, situates on the eastern side of the property.
Relief Type:
Other
Outcome:
Granted
Description:
The plaintiff is entitled to recover costs from the defendant.
Evidence:
Plaintiff is entitled to realize the costs of the suit from the defendant.
Documents & Evidence
Document Type:
Kanam Assignment Deed
Submitted By:
Plaintiff
Relevance:
Document establishing the plaintiff's ownership of the plaint A schedule property.
Reference:
Ext.A1
Document Type:
Kanam Assignment Deed
Submitted By:
Plaintiff
Relevance:
Document supporting the plaintiff's claim to the property.
Reference:
Ext.A2
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Report submitted by the Advocate Commissioner relevant to the case.
Reference:
Ext.C1
Document Type:
Commission Plan
Submitted By:
Court
Relevance:
Plan submitted by the Advocate Commissioner relevant to the case.
Reference:
Ext.C2