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ORIGINAL SUIT 127/2014

Case between N. P. Padmakumar et al vs Kasthurikuni Moidu Haji et al regarding Permanent Prohibitory and Mandatory Injunction

Court
THE COURT OF THE MUNSIFF, NADAPURAM
Judge
Sri. Yadukrishnan. B
Order Date
2025-08-07
Duration
approximately-11 years 2 months
Case Closed
Thu, 08/07/2025 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

The plaintiffs are N. P. Padmakumar and others, while the defendants include Kasthurikuni Moidu Haji and others. The case involves allegations of unauthorized construction and trespass on the plaint schedule property.

Judgment Outcome

Defendant Won
Interim Order
The suit was dismissed with costs to the defendants as the plaintiffs did not prove that the constructions were unlawful or in violation of building rules.
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The suit was dismissed with costs to the defendants as the plaintiffs did not prove that the constructions were unlawful or in violation of building rules.
Key Reasoning:
The constructions by the defendants were found to be in accordance with the applicable rules.
Why Defendant Won:
The constructions by the defendants were found to be in accordance with the applicable rules.
Supporting Evidence
The construction effected by the defendants are not unlawful and are in accordance with the plan and permit.

Judgment Evidence:

In the result, the suit is dismissed with costs to the defendants.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
N. P. Padmakumar
Party Age
55
Relation
S/o
Party Role
Plaintiff
Party Name
C. P. VIJAYAN
Party Age
73
Relation
S/o
Party Role
Plaintiff
Party Name
K. T. RAVEENDRAN NAMBIAR
Party Age
51
Relation
S/o
Party Role
Plaintiff
Party Name
K. K. BINU
Party Age
35
Relation
S/o
Party Role
Defendant
Party Name
KASTHURIKUNI MOIDU HAJI (Died)
Party Age
80
Relation
S/o
Party Role
Defendant
Party Name
KIZHAKKE NAMAH FATHIMA
Party Age
66
Relation
D/o
Party Role
Defendant
Party Name
KASTHURIKUNI YOOSAF
Party Age
50
Relation
S/o
Party Role
Defendant
Party Name
KASTHURIKUNI AZEEZ
Party Age
48
Relation
S/o
Party Role
Defendant
Party Name
KASTHOORIKUNI ASHARAF
Party Age
46
Relation
S/o
Plaintiffs Documents
Copy of Assignment Deed No. 910/1996 of SRO, Kavilumpara; Copy of letter from Village Officer, Kavilumpara to K. K. Binu; Copy of Surveyor Plan issued by Secretary, Kavilumpara Grama Panchayat.
Defendants Documents
Photocopy of Possession Certificate issued by Village Office, Kavilumpara; No objection certificate issued by the Secretary, Kavilumpara Grama Panchayat; Basic Tax Receipt issued by Village Office, Kavilumpara.

Advocates

Party Role
Plaintiff
Advocate Name
Sri. N. M. Kuttikrishnan
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Sri. U. V. Pradeepan
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Sri. C. Prasad
Appearance Type
Government Pleader
Party Role
Defendant
Advocate Name
Sri. Vimesh. K. P
Appearance Type
Main Counsel

Reliefs

Relief Type: Mandatory Injunction
Outcome: Refused
Description:
The plaintiffs sought a mandatory injunction to demolish the unauthorized construction.
Evidence:
The plaintiffs are not entitled to seek a relief of Mandatory and permanent prohibitory injunction from this court as nothing is proved in their favour.
Relief Type: Permanent Injunction
Outcome: Refused
Description:
The plaintiffs sought a permanent prohibitory injunction restraining the defendants from trespassing.
Evidence:
The suit is only to be dismissed with costs.

Documents & Evidence

Document Type: Assignment Deed
Submitted By: Plaintiff
Relevance:
This document indicates the ownership of the plaint schedule property by the defendants.
Reference:
Ext.A1
Document Type: Letter
Submitted By: Plaintiff
Relevance:
This document is relevant to establish communication regarding the property.
Reference:
Ext.A2
Document Type: Surveyor plan
Submitted By: Plaintiff
Relevance:
This document provides a survey representation of the property in question.
Reference:
Ext.A3
Document Type: Possession Certificate
Submitted By: Defendant
Relevance:
This document proves that the defendants hold possession of the property.
Reference:
Ext.B1
Document Type: No Objection Certificate
Submitted By: Defendant
Relevance:
This certificate states that the Kavilumpara Grama Panchayat has no objection to the construction.
Reference:
Ext.B2
Document Type: Tax receipt
Submitted By: Defendant
Relevance:
This receipt indicates the payment of tax related to the property.
Reference:
Ext.B3
Document Type: Commission Report
Submitted By: Court
Relevance:
This report was filed by the Advocate Commissioner regarding site inspection.
Reference:
C1
Document Type: Commission Plan
Submitted By: Court
Relevance:
This plan was filed by the Advocate Commissioner regarding the survey of the property.
Reference:
C2
Document Type: Commission Report
Submitted By: Court
Relevance:
This report provides additional inspection details from the Advocate Commissioner.
Reference:
C3
Document Type: Surveyor plan
Submitted By: Court
Relevance:
This is a plan related to the survey conducted by the Advocate Commissioner.
Reference:
C4
Document Type: Commission Report
Submitted By: Court
Relevance:
This report details findings from a later inspection of the property.
Reference:
C5
Document Type: Surveyor plan
Submitted By: Court
Relevance:
This is another plan related to the survey conducted by the Advocate Commissioner.
Reference:
C6

Case Classification

Case Type
Civil Suit
Category
Other Civil Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court, Nadapuram
Common Reasons
Case Code
Case between N. P. Padmakumar et al vs Kasthurikuni Moidu Haji et al regarding Permanent Prohibitory and Mandatory Injunction
Case Code Year
Case between N. P. Padmakumar et al vs Kasthurikuni Moidu Haji et al regarding Permanent Prohibitory and Mandatory Injunction

Quick Facts

Location
Kozhikode District, Kerala
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court, Nadapuram
Case Filed
Wed, 01/01/2014 - 12:00
Case Closed
Thu, 08/07/2025 - 12:00
From
Tue, 04/01/2025 - 12:00
To
Sun, 08/31/2025 - 12:00
Outcome Confidence
90%

Involved Entities

Private Individual

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