Case Summary
The plaintiffs, including the deceased Nalamchirakkal Chandran's children, are involved in a dispute with the defendants, Kottappurath Sajith Kumar and others, over the encroachment of a pathway adjacent to their property. The plaintiffs seek a permanent injunction against the defendants for allegedly widening the pathway and trespassing.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction and mandatory injunction for restoration of property
Case Type
Civil Suit
Final Judgment
No
The court issued permanent and mandatory injunctions against the defendants to prevent them from widening the pathway and required them to restore the plaintiffs' property to its original condition.
Why Plaintiff Won:
The plaintiffs proved their ownership and the defendants' unlawful encroachment.
The plaintiffs proved their ownership and the defendants' unlawful encroachment.
Losing Side's Weaknesses:
The plaintiffs proved their ownership and the defendants' unlawful encroachment.
The plaintiffs proved their ownership and the defendants' unlawful encroachment.
Supporting Evidence
The irresistible conclusion that follows from the discussions above is that the plaintiffs are entitled for a discretionary relief of permanent prohibitory injunction and mandatory injunction as prayed for.
Judgment Evidence:
In the result, 1. The defendants are restrained by way of permanent prohibitory injunction from widening the pathway situated on the eastern side of the petition schedule property... 2. The defendants are directed by way of a mandatory injunction, to restore the plaint schedule property to its original condition...
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Nalamchirakkal Chandran (Died)
- Party Age
- 79
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Sandya. N
- Party Age
- 46
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Santhosh. N
- Party Age
- 44
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Kottappurath Sajith Kumar
- Party Age
- 38
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Kottappurath Haridasan
- Party Age
- 58
- Party Role
- Defendant
- Party Name
- Kottappurath Shabu
- Party Age
- 40
Plaintiffs Documents
Jenmam Assignment deed bearing No.1399/2003, Tax receipts issued by Village Office Olavanna
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. K. P. Manoj
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt. P.C. Padmaraj
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Sivadasan K
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Smt. Sajna Mohammed Ali
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Defendants are restrained from widening the pathway on the eastern side.
Evidence:
The defendants are restrained by way of permanent prohibitory injunction from widening the pathway.
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
Defendants are directed to restore the property to its original condition by removing the quarry waste.
Evidence:
The defendants are directed by way of a mandatory injunction, to restore the plaint schedule property to its original condition.
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
Defendants are directed to restore the granite structure to its original condition.
Evidence:
The defendants are directed by way of a mandatory injunction, to restore the granite structure on the eastern boundary.
Relief Type:
Recovery
Outcome:
Granted
Description:
Cost of restoration expenses may be recovered from the defendants if they fail to comply.
Evidence:
In the event the defendants fail to comply... the expenses incurred for such restoration shall be recoverable from the defendants.
Relief Type:
Costs
Outcome:
Granted
Description:
Defendants are directed to pay the cost of the suit to the plaintiffs.
Evidence:
The plaintiffs are entitled for the cost of the suit also.
Documents & Evidence
Document Type:
Janmam Deed
Submitted By:
Plaintiff
Relevance:
The plaintiffs obtained the plaint schedule properties by virtue of this deed.
Reference:
Ext.A1
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
This document shows that the plaintiff was in possession and enjoyment of the property.
Reference:
Ext.A2
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
This document shows that the plaintiff was in possession and enjoyment of the property.
Reference:
Ext.A3
Document Type:
Reply to RTI
Submitted By:
Plaintiff
Relevance:
This document was marked subject to proof regarding the property but was not admissible.
Reference:
Ext.A4
Document Type:
Commission Report
Submitted By:
Court
Relevance:
This report details the condition of the property as observed during inspection.
Reference:
Ext.C1
Document Type:
Commission Report
Submitted By:
Court
Relevance:
This report details further findings regarding the property following a subsequent inspection.
Reference:
Ext.C2
Document Type:
Photographs
Submitted By:
Court
Relevance:
These photos documented the state of the pathway during the commission visit.
Reference:
Ext.C1(b)
Document Type:
Photographs
Submitted By:
Court
Relevance:
These photos documented the condition of the property during the latest commission visit.
Reference:
Ext.C2(b)
Document Type:
Oral Evidence
Submitted By:
Oral evidence
Relevance:
The testimonies provided by the plaintiffs and defendants.
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 Nalamchirakkal Chandran et al vs Kottappurath Sajith Kumar et al regarding boundary dispute and injunction
Case Code Year
Case between Nalamchirakkal Chandran et al vs Kottappurath Sajith Kumar et al regarding boundary dispute and injunction