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
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction and mandatory injunction to remove pipes
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The plaintiffs sufficiently proved their claims with unchallenged evidence.
The plaintiffs sufficiently proved their claims with unchallenged evidence.
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
Plaintiffs
M.M.Shamsudeen (55 years years)
Mulakkampilly House, Csez P.O, Chittethukara, Ernakulam District, Pin – 682 037
Safiya (60 years years)
Valiyaveetil house, Cheranellor, Ernakulam district
Defendants
Varghese (45 years years)
House no. X/259 C, Vadakkan house, Chittethukara, Csez P.O, Ernakulam District, Pin – 682 037
Jessy Varghese (33 years years)
House No. X/259 C,Vadakkan house, Chittethukara, Csez P.O, Ernakulam District, Pin – 682 037
P.K.Abdul Latheef (56 years years)
Pdiyath Karkkidavally house, Uzhuvath Kadavu Desom, Kodungalloor P.O, Lokamaleswaram village, Kodundalloor Taluk, Thrissur District, Pin –680 664
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: