Case Summary
The case involves a counterclaim for damages and mandatory injunction regarding building alterations. Nandu Bhat, the counterclaim plaintiff, alleges financial losses due to Chandroth Vennalakath Ibrahim's actions related to their respective buildings.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Mandatory injunction for removal of fittings and Rs.50,787/- as damages.
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the counterclaim plaintiff, granting a mandatory injunction for the defendant to remove unauthorized fittings and awarded damages.
Why Plaintiff Won:
The counterclaim plaintiff presented unrebutted evidence supporting his claims.
The counterclaim plaintiff presented unrebutted evidence supporting his claims.
Losing Side's Weaknesses:
The counterclaim plaintiff presented unrebutted evidence supporting his claims.
The counterclaim plaintiff presented unrebutted evidence supporting his claims.
Supporting Evidence
The unrebutted oral testimony of PW1 and Exts. A1 to A5 established his case as pleaded by him. The court is satisfied that the counterclaim plaintiff is entitled to get a decree of mandatory injunction as prayed for.
Judgment Evidence:
In the result, suit is decreed as follows; 1. A decree of mandatory injunction is passed directing the counterclaim defendant to dismantle and remove all the fittings and installations made from the counter claim A schedule building to the counter claim B schedule building within 30 days from today.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sadananda Bhat
- Party Age
- 55
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Asha K. Shenoy
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Chandroth Vennalakath Ibrahim
- Party Age
- 76
- Relation
- S/o
Plaintiffs Documents
GST invoice dated 24.03.2023, subscription voucher of Ross Flames dated 24.04.2023, invoice of SRT Distributors Pvt.Ltd. dated 24.03.2023, invoice of Unistone Pavers and Blocks Pvt. Ltd. dated 24.04.2023, building uplifting agreement dated 10.04.2023.
Defendants Documents
Advocates
- Party Role
- Defendant
- Advocate Name
- M.N. Manmadan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- A. Rajagopal
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Balagopal A.
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- J. Kallidukkal
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Prabhu Murali Krishnan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- N.C. Joseph
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Jineshlal S.B.
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- T.U. Ziyal
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
A decree of mandatory injunction was granted directing the counterclaim defendant to dismantle and remove all unauthorized fittings.
Evidence:
A decree of mandatory injunction is passed directing the counterclaim defendant to dismantle and remove all the fittings and installations made from the counter claim A schedule building to the counter claim B schedule building within 30 days from today.
Relief Type:
Damages
Outcome:
Granted
Description:
The counterclaim plaintiff is entitled to recover an amount for damages caused by the counterclaim defendant.
Evidence:
The counterclaim plaintiff is entitled to recover an amount of Rs.50,787/- on account of damages from the counterclaim defendant.
Documents & Evidence
Document Type:
GST Invoice
Submitted By:
Plaintiff
Relevance:
Original GST invoice dated 24.03.2023 submitted as evidence.
Reference:
Ext.A1
Document Type:
Subscription Voucher
Submitted By:
Plaintiff
Relevance:
Original subscription voucher of Ross Flames dated 24.04.2023 submitted as evidence.
Reference:
Ext.A2
Document Type:
Invoice
Submitted By:
Plaintiff
Relevance:
Original invoice of SRT Distributors Pvt. Ltd. dated 24.03.2023 submitted as evidence.
Reference:
Ext.A3
Document Type:
Invoice
Submitted By:
Plaintiff
Relevance:
Original invoice of Unistone Pavers and Blocks Pvt. Ltd. dated 24.04.2023 submitted as evidence.
Reference:
Ext.A4
Document Type:
Building Uplifting Agreement
Submitted By:
Plaintiff
Relevance:
Original building uplifting agreement dated 10.04.2023 submitted as evidence.
Reference:
Ext.A5
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report in IA 179/2023 along with photographs marked as evidence by the court.
Reference:
Ext.C1
Document Type:
Oral Evidence
Submitted By:
Unknown
Relevance:
The oral testimony of PW1 was presented and considered by the court.
Reference:
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between Nandu Bhat vs Chandroth Vennalakath Ibrahim regarding compensation for damages and mandatory injunction.
Case Code Year
Case between Nandu Bhat vs Chandroth Vennalakath Ibrahim regarding compensation for damages and mandatory injunction.