Case Summary
Nandakumar Kartha filed a suit against Maniyan and others seeking a perpetual injunction to prevent them from forcefully entering and damaging his property. The case involves disputes over property boundaries and the rights to a way claimed by the plaintiff.
Judgment Outcome
Judgment Favored
Unknown
Relief Granted
Case Type
Civil Suit
Final Judgment
No
Key Reasoning:
Reason not clearly mentioned
Reason not clearly mentioned
Judgment Evidence:
The commission report is not sufficient enough to adjudicate the matter in controversy. Therefore, it is necessary to remit back the commission report so as to ensure a fair adjudication of the suit.
Parties Involved
Plaintiffs
Nandakumar Kartha (69 years)
Mummanottumadathil House, Kummanodu Kara, Pattimattom Village, Kunnathunadu Taluk
Defendants
Maniyan (54 years)
Mummanottumadathil House, Kummanodu Kara, Pattimattom Village, Kunnathunadu Taluk
Jayan (56 years)
Mummanottumadathil House, Kummanodu Kara, Pattimattom Village, Kunnathunadu Taluk
Omanakunjumma (69 years)
Mummanottumadathil House, Kummanodu Kara, Pattimattom Village, Kunnathunadu Taluk
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Refused
Description:
Plaintiffs sought an injunction to prevent defendants from forcefully entering or damaging the property.
Evidence:
The suit is one filed for perpetual injunction restraining the defendants from entering forcefully into the plaint schedule property or make destruction to the same.
Documents & Evidence
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
This document establishes the rights of the plaintiff over the property in question.
Reference:
Ext.A1
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
Referenced as the basis for the plaintiff's claim over the plaint schedule property.
Reference:
Document bearing No. 1195/2000
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
Shows the partition history relevant to the A schedule property.
Reference:
Document bearing No. 5830/95
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
Establishes the previous ownership and stipulations related to the property.
Reference:
Document bearing No. 2113/1950
Document Type:
Commission Report
Submitted By:
Court
Relevance:
The report's findings were discussed for the assessment of the property and were ruled not admissible in evidence.
Reference: