Case Summary
Mythili filed a suit against K. Sajeevan for a permanent prohibitory injunction. The matter was referred for mediation and subsequently settled between the parties.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Restoration of 3.3 square meters of property and permission to construct boundaries.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed as per the terms of the mediation agreement. The defendant is ordered to restore 3.3 square meters of property to the plaintiff.
Why Plaintiff Won:
The mediation agreement was accepted as lawful and both parties reached a settlement.
The mediation agreement was accepted as lawful and both parties reached a settlement.
Losing Side's Weaknesses:
The mediation agreement was accepted as lawful and both parties reached a settlement.
The mediation agreement was accepted as lawful and both parties reached a settlement.
Supporting Evidence
I find that the terms of the mediation agreement are lawful. So, the mediation agreement is accepted and the suit is decreed as per the terms of the mediation agreement.
Judgment Evidence:
In the result, 1.The defendant shall restore 3.3 square metre of property which is on the northern portion of the plaint schedule property to the plaintiff and the plaintiff is entitled to construct boundaries.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Mythili
- Party Age
- 62
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- K. Sajeevan
- Party Age
- 35
- Relation
- S/o
Plaintiffs Documents
Commission report and sketch, Mediation agreement
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Adithya Raj
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. Sujith M. K.
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. V. Razal Rahiman
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Smt. Jyothi. R
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Premanathan. K
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
The defendant shall restore 3.3 square meter of property to the plaintiff.
Evidence:
The defendant shall restore 3.3 square metre of property which is on the northern portion of the plaint schedule property to the plaintiff and the plaintiff is entitled to construct boundaries.
Relief Type:
Other
Outcome:
Granted
Description:
The plaintiff will not have any rights in the remaining portion of the properties in the possession of the defendant.
Evidence:
The plaintiff will not have any right in the remaining portion of the properties which is in the possession of the defendant which is included in the commission report and sketch.
Documents & Evidence
Document Type:
Commission Report
Submitted By:
Court
Relevance:
The court accepted the commission report which included a plan and report regarding the property in dispute.
Reference:
Document Type:
Mediation Agreement
Submitted By:
Court
Relevance:
The court accepted the terms of the mediation agreement which resolved the dispute between the parties.
Reference:
Document Type:
Plan
Submitted By:
Court
Relevance:
The plan from the commission was part of the evidence used to settle the dispute.
Reference:
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 Mythili vs K. Sajeevan regarding permanent prohibitory injunction
Case Code Year
Case between Mythili vs K. Sajeevan regarding permanent prohibitory injunction
Case Flags
Out-of-Court Settlement