Case Summary
MOOSA. K. P, a legal heir of Pathu, filed an execution petition against PUTHUCHALIL DEVI and CHERIYARAMBATH THAZHE KUNIYIL LEELA. The petition concerns alleged violations of a permanent prohibitory injunction regarding trespassing into a decree schedule property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Restoration of the decree schedule property to its original position after removing constructions.
Case Type
Execution Petition
Final Judgment
No
The execution petition was allowed, and the second judgment debtor was ordered to restore the decree schedule property to its original condition within two months.
Why Plaintiff Won:
The violation of the judgment and decree was established, as the judgment debtor began construction in contravention of the injunction.
The violation of the judgment and decree was established, as the judgment debtor began construction in contravention of the injunction.
Losing Side's Weaknesses:
The violation of the judgment and decree was established, as the judgment debtor began construction in contravention of the injunction.
The violation of the judgment and decree was established, as the judgment debtor began construction in contravention of the injunction.
Supporting Evidence
Therefore, the violation of the judgment and decree passed by this court is also proved and the judgment debtor has not mount the box to establish her case.
Judgment Evidence:
In the result, EP is allowed with costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- MOOSA. K. P
- Party Age
- 49
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- PUTHUCHALIL DEVI
- Party Age
- 73
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- CHERIYARAMBATH THAZHE KUNIYIL LEELA
- Party Age
- 67
Plaintiffs Documents
Certified copy of Decree in OS. 236/2002, Photocopy of the Judgment in AS 88/2003, Photocopy of the Judgment in RSA 379/2007
Defendants Documents
Certified copy of Partition Deed No. 1656 of 1948, Photocopy of Assignment Deed No. 177 of 1971
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Padmanabhan Ponnamkot
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. B. Krishnan
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. M. V. Sajeevan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
Judgment debtor to restore the property to its original position after removing constructions.
Evidence:
The 2nd Judgment debtor is directed to restore the decree schedule property to its original position after removing all the constructions effected by her in violation of the decree.
Relief Type:
Civil Imprisonment
Outcome:
Partly Granted
Description:
Judgment debtor to show cause for not restoring the property, facing potential civil imprisonment for 6 months.
Evidence:
If the direction is not complied by the 2nd judgment debtor she shall be directed to show cause as to why she is not send to civil prison for a period of 6 months for not restoring the decree schedule property into its original position as ordered.
Documents & Evidence
Document Type:
Certified copy of decree
Submitted By:
Plaintiff
Relevance:
Establishes the decree holder's right to the property in question.
Reference:
Ext.A1
Document Type:
Photocopy of the Judgment
Submitted By:
Plaintiff
Relevance:
Confirms the dismissal of the appeal against the trial court's decree.
Reference:
Ext.A2
Document Type:
Photocopy of the Judgment
Submitted By:
Plaintiff
Relevance:
Confirms the dismissal of the second appeal against the earlier judgments.
Reference:
Ext.A3
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Shows the decree holder is paying land tax for the decree schedule property.
Reference:
Ext.A6
Document Type:
Certified copy of written statement
Submitted By:
Plaintiff
Relevance:
Contains the defendants' contestation regarding the identity of the property.
Reference:
Ext.A8
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Documents the construction done by the judgment debtor in violation of the decree.
Reference:
Ext.C1
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Part of evidence confirming the status of the property in question.
Reference:
Ext.C2
Document Type:
Commissioners plan
Submitted By:
Court
Relevance:
Illustrates the layout of the disputed property.
Reference:
Ext.C3
Document Type:
Certified Copy of Partition Deed
Submitted By:
Defendant
Relevance:
Presented by defendants to support their claim regarding the property.
Reference:
Ext.B1
Document Type:
Photocopy of Assignment Deed
Submitted By:
Defendant
Relevance:
Part of the defendants' evidence regarding the property.
Reference:
Ext.B2
Document Type:
Certified copy of assignment deed
Submitted By:
Defendant
Relevance:
Supports the defendants' position concerning ownership.
Reference:
Ext.B3
Document Type:
Certified copy of assignment deed
Submitted By:
Defendant
Relevance:
Additional evidence submitted by the defendants.
Reference:
Ext.B4
Document Type:
Certified Copy of Gift Deed
Submitted By:
Defendant
Relevance:
Evidence related to the property ownership debate.
Reference:
Ext.B5
Document Type:
Certified copy of assignment deed
Submitted By:
Defendant
Relevance:
Further supports the evidence presented by the defendants.
Reference:
Ext.B6
Case Classification
Case Type
Execution Petition
Category
Other Civil Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court, Nadapuram
Common Reasons
Case Code
Case between MOOSA. K. P vs PUTHUCHALIL DEVI et al regarding execution petition for injunction
Case Code Year
Case between MOOSA. K. P vs PUTHUCHALIL DEVI et al regarding execution petition for injunction
Case Flags
Imprisonment Involved
Imprisonment Duration
6 months