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
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.
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.
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