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O.S No. 1319/2019

Case between M.M.Shamsudeen vs Varghese et al regarding permanent prohibitory and mandatory injunction

Court
I ADDITIONAL MUNSIFF, ERNAKULAM
Judge
Sri. Padmakumar.G.
Order Date
2024-03-20
Duration
approximately-4 years
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

M.M.Shamsudeen and Safiya, the plaintiffs, are seeking relief against Varghese, Jessy Varghese, and P.K.Abdul Latheef, the defendants, concerning drainage issues on their properties. The case involves disputes over property rights and drainage permissions.

Judgment Outcome

Plaintiff Won
Interim Order
The court decreed a permanent prohibitory injunction against the defendants regarding inappropriate drainage practices and ordered them to remove drainage pipes within 60 days.
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction and mandatory injunction to remove pipes
Case Type
Civil Suit
Final Judgment
No
The court decreed a permanent prohibitory injunction against the defendants regarding inappropriate drainage practices and ordered them to remove drainage pipes within 60 days.
Why Plaintiff Won:
The plaintiffs sufficiently proved their claims with unchallenged evidence.
Losing Side's Weaknesses:
The plaintiffs sufficiently proved their claims with unchallenged evidence.
Supporting Evidence
The unchallenged proof affidavit and documents would satisfactorily prove the plaint claim. So, a decree can rightly be passed as prayed for.

Judgment Evidence:

The suit is decreed by a permanent prohibitory injunction restraining the defendants, their men and agents from draining out waste and filthy water through any portions of plaint B schedule and portion of plaint A schedule existing on its northern side in any manner and mode.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
M.M.Shamsudeen
Party Age
55
Relation
S/o
Party Role
Plaintiff
Party Name
Safiya
Party Age
60
Relation
W/o
Party Role
Defendant
Party Name
Varghese
Party Age
45
Party Role
Defendant
Party Name
Jessy Varghese
Party Age
33
Relation
W/o
Party Role
Defendant
Party Name
P.K.Abdul Latheef
Party Age
56
Relation
S/o
Plaintiffs Documents
Copy Sale deed no. 847/1983, Copy Sale deed no. 1705/2002, Copy Sale deed no. 3327/1995, Copy Sale deed no. 835/2013, Copy Sale deed no. 1831/2016, Copy of Survey sketch, Rough Sketch, Copy of Property Sketch.
Defendants Documents
Nil

Advocates

Party Role
Plaintiff
Advocate Name
R.Rajesh
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Sibi Karun
Appearance Type
Main Counsel

Reliefs

Relief Type: Permanent Injunction
Outcome: Granted
Description:
Permanent prohibitory injunction restraining the defendants from draining out waste and filthy water.
Evidence:
The suit is decreed by a permanent prohibitory injunction restraining the defendants, their men and agents from draining out waste and filthy water through any portions of plaint B schedule and portion of plaint A schedule existing on its northern side in any manner and mode.
Relief Type: Mandatory Injunction
Outcome: Granted
Description:
Mandatory injunction directing the defendants to remove the pipes laid down.
Evidence:
The suit is decreed by a mandatory injunction remove the pipes laid down and the portion of plaint A schedule directing the defendants 1 & 2 to the plant in schedule property property existing on its northern side within 60 days from the date of order of this court.
Relief Type: Other
Outcome: Granted
Description:
Plaintiffs are entitled to costs of the suit.
Evidence:
The plaintiffs are entitled to costs of the suit.

Documents & Evidence

Document Type: Sale deed
Submitted By: Plaintiff
Relevance:
Copy of Sale deed no. 847/1983.
Reference:
Ext.A1
Document Type: Sale deed
Submitted By: Plaintiff
Relevance:
Copy of Sale deed no. 1705/2002.
Reference:
Ext.A2
Document Type: Sale deed
Submitted By: Plaintiff
Relevance:
Copy of Sale deed no. 3327/1995.
Reference:
Ext.A3
Document Type: Sale deed
Submitted By: Plaintiff
Relevance:
Copy of Sale deed no. 835/2013.
Reference:
Ext.A4
Document Type: Sale deed
Submitted By: Plaintiff
Relevance:
Copy of Sale deed no. 1831/2016.
Reference:
Ext.A5
Document Type: Survey Sketch
Submitted By: Plaintiff
Relevance:
Copy of Survey sketch.
Reference:
Ext.A6
Document Type: Rough Sketch
Submitted By: Plaintiff
Relevance:
Rough Sketch.
Reference:
Ext.A7
Document Type: Property Sketch
Submitted By: Plaintiff
Relevance:
Copy of Property Sketch.
Reference:
Ext.A8
Document Type: Commission Report
Submitted By: Court
Relevance:
Commission Report filed by Adv.Sincey A.H.
Reference:
Ext.C1
Document Type: Oral Evidence
Submitted By: Unknown
Relevance:
The plaintiffs' proof affidavit and evidence were presented.
Reference:

Case Classification

Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between M.M.Shamsudeen vs Varghese et al regarding permanent prohibitory and mandatory injunction
Case Code Year
Case between M.M.Shamsudeen vs Varghese et al regarding permanent prohibitory and mandatory injunction

Quick Facts

Location
Ernakulam District
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Tue, 01/01/2019 - 12:00
Case Closed
From
Fri, 03/01/2024 - 12:00
To
Sun, 03/31/2024 - 12:00
Outcome Confidence
80%

Involved Entities

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