Case Summary
The plaintiff, Munnamthodi Chittedath Vasu, is seeking a permanent prohibitory injunction against the defendants, Kaymbili Narayanan Nair and others, for trying to trespass and obstruct the access to his property. The case revolves around the pathway leading to the plaintiff's property that the defendants allegedly encroached upon.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction against the defendants from trespassing upon plaint A schedule property and from obstructing the usage of plaint B schedule property.
Case Type
Civil Suit
Final Judgment
No
The suit was decreed in favor of the plaintiff, granting him a permanent prohibitory injunction against the defendants from trespassing upon his property and obstructing its use.
Why Plaintiff Won:
The plaintiff provided sufficient evidence showing that the defendants attempted to trespass and obstruct the access to his property.
The plaintiff provided sufficient evidence showing that the defendants attempted to trespass and obstruct the access to his property.
Losing Side's Weaknesses:
The plaintiff provided sufficient evidence showing that the defendants attempted to trespass and obstruct the access to his property.
The plaintiff provided sufficient evidence showing that the defendants attempted to trespass and obstruct the access to his property.
Supporting Evidence
The case of the plaintiff who was examined as PW1 is that plaint A schedule property was obtained by him as per Jenm Sale deed No.4556/2008 of Mavoor SRO. ... Thus, it is with respect to that part of property that injunction against trespass is sought for.
Judgment Evidence:
In the result, the suit is decreed as follows: 1)The defendants and their men are restrained by a decree of permanent prohibitory injunction from trespassing upon plaint A schedule property and from obstructing the usage of plaint B schedule property and from altering its lie and nature.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Munnamthodi Chittedath Vasu
- Party Age
- 59
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Kaymbili Narayanan Nair
- Party Age
- 84
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Kaymbili Damodaran Nair
- Party Age
- 75
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Kaymbili Unnikrishnan Nair
- Party Age
- 56
- Relation
- S/o
Plaintiffs Documents
Certified copy of Janmam assignment Deed No.4556/2008 of SRO, Mavoor, Agreement executed between Chandran and Vasu.
Defendants Documents
Certified copy of Janmam assignment Deed No.4042/2010 of SRO, Mavoor.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Smt.K.Rita Joseph Thomas
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- V.Princy
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.K.K.Krishnakumar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Vandana Venugopalan
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Restraining the defendants and their men from trespassing upon plaint A schedule property.
Evidence:
The defendants and their men are restrained by a decree of permanent prohibitory injunction from trespassing upon plaint A schedule property and from obstructing the usage of plaint B schedule property and from altering its lie and nature.
Relief Type:
Costs
Outcome:
Granted
Description:
The plaintiff can realize the costs of the suit from the defendants.
Evidence:
The plaintiff can realise the costs of the suit from the defendants.
Documents & Evidence
Document Type:
Certified Copy of Janmam Assignment Deed
Submitted By:
Plaintiff
Relevance:
Proves the ownership of plaint A schedule property.
Reference:
Ext.A1
Document Type:
Certificate issued by Secretary
Submitted By:
Plaintiff
Relevance:
Support for the plaintiff's claims regarding land.
Reference:
Ext.A2
Document Type:
Attested copy of Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Confirms tax payments on the plaint A schedule property.
Reference:
Ext.A3
Document Type:
Agreement
Submitted By:
Plaintiff
Relevance:
Detail of the widening of the pathway for access to property.
Reference:
Ext.A4
Document Type:
CD with Photographs
Submitted By:
Plaintiff
Relevance:
Visual evidence related to the plaint B schedule property.
Reference:
Ext.A5
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Further proof of ownership and use of plaint A schedule property.
Reference:
Ext.A6
Document Type:
Certified Copy of Partition Deed
Submitted By:
Plaintiff
Relevance:
Context of property ownership history.
Reference:
Ext.A7
Document Type:
Certified Copy of Janmam Assignment Deed
Submitted By:
Plaintiff
Relevance:
Document confirming ownership of another property.
Reference:
Ext.A8
Document Type:
Certified copy of ozhimuri Deed
Submitted By:
Plaintiff
Relevance:
Document related to the ownership context.
Reference:
Ext.A9
Document Type:
Certified Copy of Deed
Submitted By:
Defendant
Relevance:
Indicates counterclaims regarding the property.
Reference:
Ext.B1
Document Type:
Certified Copy of Janmam Assignment Deed
Submitted By:
Defendant
Relevance:
Supports the defendants' claim of ownership.
Reference:
Ext.B2
Document Type:
Notary attested copy of Will
Submitted By:
Defendant
Relevance:
Evidence related to property transfer and ownership.
Reference:
Ext.B3
Document Type:
Certified copy of Order
Submitted By:
Defendant
Relevance:
Relevant to previous court proceedings.
Reference:
Ext.B4
Document Type:
Certified Copy of Janmam Assignment Deed
Submitted By:
Defendant
Relevance:
Relevant for the case context of property.
Reference:
Ext.B5
Document Type:
Certified copy of Order
Submitted By:
Defendant
Relevance:
Supports the defendants' legal stance.
Reference:
Ext.B6
Document Type:
Certificate issued from Hospital
Submitted By:
Defendant
Relevance:
Pertains to the health situation of a party.
Reference:
Ext.B7
Document Type:
Certified Copy of Janmam Assignment Deed
Submitted By:
Defendant
Relevance:
Indicates more ownership claims.
Reference:
Ext.B8
Document Type:
Certified Copy of Janmam Assignment Deed
Submitted By:
Defendant
Relevance:
Further establishes property ownership.
Reference:
Ext.B9
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Provides findings on the property in question.
Reference:
Ext.C1
Document Type:
Commissioner’s sketch
Submitted By:
Court
Relevance:
Visual representation of the property boundaries.
Reference:
Ext.C1(a)
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Case Code
Case between Munnamthodi Chittedath Vasu vs Kaymbili Narayanan Nair et al regarding permanent prohibitory injunction
Case Code Year
Case between Munnamthodi Chittedath Vasu vs Kaymbili Narayanan Nair et al regarding permanent prohibitory injunction