Skip to main content
Niyamam AI Niyamam AI

Main navigation

  • Home
  • Lawyer Login
  • Lawyer Registration
  • About us
  • Contact
ORIGINAL SUIT No. 260 OF 2012

Case between Moidu vs Vasudevan Nair et al regarding mandatory injunction and perpetual prohibitory injunction.

Court
COURT OF THE MUNSIFF OF TIRUR
Judge
Sri. JANKISH NARAYANAN
Order Date
2019-08-31
Duration
Case Closed

Judgement document from eCourt website

Judgment Document
Save Case Find Similar Cases

Case Summary

Moidu is the plaintiff seeking a mandatory and prohibitory injunction against Vasudevan Nair and others. The dispute revolves around alleged excavation by the defendants that has affected the lateral support of the plaintiff's property.

Judgment Outcome

Defendant Won
Interim Order
The court dismissed the suit with costs, ruling that the plaintiff failed to establish the necessary grounds for the injunction sought against the defendants.
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court dismissed the suit with costs, ruling that the plaintiff failed to establish the necessary grounds for the injunction sought against the defendants.
Key Reasoning:
The plaintiff did not prove that the properties were adjacent or that the defendants had any obligation to provide lateral support.
Why Defendant Won:
The plaintiff did not prove that the properties were adjacent or that the defendants had any obligation to provide lateral support.
Supporting Evidence
The plaintiff has failed to prove that the plaint schedule property situates adjacent to the defendant property and the defendants' property is bound to provide lateral support to the plaint schedule property.

Judgment Evidence:

In the result, the suit is dismissed with costs.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Moidu
Party Age
54
Relation
S/o
Party Role
Defendant
Party Name
Vasudevan Nair
Party Age
64
Relation
S/o
Party Role
Defendant
Party Name
Sreeja
Party Age
35
Relation
D/o
Party Role
Defendant
Party Name
Mani
Party Age
40
Relation
H/o
Party Role
Defendant
Party Name
Ramachandran Nair
Relation
S/o
Party Role
Defendant
Party Name
Kuttikrishnan Nair
Relation
S/o
Plaintiffs Documents
Partition Deed No. 2234/1990, Tax Receipt dated 28-04-2012, Tax Receipt dated 04-05-2012
Defendants Documents
Report submitted before RDO, Tirur by Tahasildar, Tax Receipt dated 20-06-2017, Certified copy of Report submitted before RDO, Tirur, Certified copy of Complaint submitted before Chief Minister, Certified copy of Complaint submitted before Revenue Minister.

Advocates

Party Role
Plaintiff
Advocate Name
Sri. M. A. Ismail
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Sri. C.A. Veeramani
Appearance Type
Main Counsel

Reliefs

Relief Type: Mandatory Injunction
Outcome: Refused
Description:
The plaintiff sought a mandatory injunction directing the defendants to restore the plaint schedule property.
Evidence:
The plaintiff is not entitled to get any relief, as prayed for.
Relief Type: Permanent Injunction
Outcome: Refused
Description:
The plaintiff sought a permanent prohibitory injunction against further excavation by the defendants.
Evidence:
The plaintiff is not entitled to get any relief, as prayed for.

Documents & Evidence

Document Type: Partition Deed
Submitted By: Plaintiff
Relevance:
The document establishes the plaint schedule property belongs to the plaintiff.
Reference:
Ext.A1
Document Type: Tax receipt
Submitted By: Plaintiff
Relevance:
The document supports the plaintiff's ownership and liability related to the property.
Reference:
Ext.A2
Document Type: Tax receipt
Submitted By: Plaintiff
Relevance:
The document supports the plaintiff's ownership and liability related to the property.
Reference:
Ext.A3
Document Type: Report
Submitted By: Defendant
Relevance:
The report provides evidence regarding the condition of the plaint schedule property.
Reference:
Ext.B1
Document Type: Tax receipt
Submitted By: Defendant
Relevance:
The document supports the defendant's claims regarding property.
Reference:
Ext.B2
Document Type: Photographs
Submitted By: Defendant
Relevance:
The photographs provide visual evidence related to the property dispute.
Reference:
Ext.B3 (Series)
Document Type: Certified copy of Report
Submitted By: Defendant
Relevance:
The report supports the defendant's position regarding the property.
Reference:
Ext.B4
Document Type: Certified copy of complaint
Submitted By: Defendant
Relevance:
The document provides context to the defendant's defense.
Reference:
Ext.B5
Document Type: Certified copy of complaint
Submitted By: Defendant
Relevance:
The document provides context to the defendant's defense.
Reference:
Ext.B6
Document Type: Commission Report
Submitted By: Court
Relevance:
The report details findings about the plaint schedule property.
Reference:
Ext.C1
Document Type: Commission Plan
Submitted By: Court
Relevance:
The plan illustrates the layout of the plaint schedule property.
Reference:
Ext.C2
Document Type: Geologist's report
Submitted By: Court
Relevance:
The report provides expert opinion on the excavation's impact on the plaint schedule property.
Reference:
Ext.C3
Document Type: Interim Report
Submitted By: Court
Relevance:
The report discusses interim findings related to the property.
Reference:
Ext.C4
Document Type: Commission Report
Submitted By: Court
Relevance:
The report provides follow-up findings about the property condition.
Reference:
Ext.C5
Document Type: Commission Plan
Submitted By: Court
Relevance:
The plan visually supports the findings regarding the property layout.
Reference:
Ext.C6

Case Classification

Case Type
Civil Suit
Category
Other Civil Cases
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Case Code
Case between Moidu vs Vasudevan Nair et al regarding mandatory injunction and perpetual prohibitory injunction.
Case Code Year
Case between Moidu vs Vasudevan Nair et al regarding mandatory injunction and perpetual prohibitory injunction.

Quick Facts

Location
Tirur
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Case Filed
Case Closed
From
Thu, 08/01/2019 - 12:00
To
Sat, 08/31/2019 - 12:00
Outcome Confidence
75%

Involved Entities

Similar Cases

Case between Hamza vs Erattaparambil Hamza et al regarding petition allowance with costs
Munsiff Magistrate Court
Civil Suit Plaintiff Won
Case between Mullanmadakkal Mammi vs Beeran Haji et al regarding petition on medical grounds
Court of the Munsiff Magistrate
Civil Suit Plaintiff Won
Case between Vettikkat Parikkuzhiyil Beerali vs Thayyil Kader Haji regarding unknown matter
Munsiff Magistrate Court
Civil Suit Plaintiff Won
Case between P.Damkumar vs Palakkavalappil Puthiyamaliyekkal Gulam Ali et al regarding default
Munsiff Magistrate Court
Civil Suit Defendant Won
Case between Muhammed Thameem vs Muhammed Abdul Noor regarding Default Judgment
Munsiff Magistrate Court
Civil Suit Defendant Won