Case Summary
The plaintiffs, led by Nasar, sought a permanent prohibitory injunction against the defendants, who are officials and members of the Grama Panchayat. The case involves a dispute over a pathway that the plaintiffs claim ownership of, while the defendants allegedly attempted to encroach upon it.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
A permanent prohibitory injunction against the defendants from encroaching on the plaint schedule pathway and renaming it.
Case Type
Civil Suit
Final Judgment
No
The court granted a permanent prohibitory injunction in favor of the plaintiffs, preventing the defendants from encroaching on the pathway and from renaming it. The court found the evidence presented by the plaintiffs compelling and unchallenged.
Why Plaintiff Won:
The plaintiffs established their ownership and rights over the pathway through unchallenged oral and documentary evidence.
The plaintiffs established their ownership and rights over the pathway through unchallenged oral and documentary evidence.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
Through the unchallenged oral and documentary evidence, plaintiffs have established their case. So they are entitled to get a decree of permanent prohibitory injunction.
Judgment Evidence:
In the result, the suit is decreed as follows: 1. A permanent prohibitory injunction is granted in favour of the plaintiffs and the defendants 1 and 2 are restrained from encroaching into the plaint schedule pathway and incorporating the same into the assessment register of panchayath or any of the institution. 2. Defendants 1 and 2 are further restrained from renaming the plaint schedule pathway.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Nasar
- Party Age
- 58
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Rajoola
- Party Age
- 56
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Nusaifa
- Party Age
- 54
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Raheena
- Party Age
- 52
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Nadirsha
- Party Age
- 50
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Grama Panchayat Secretary
- Party Role
- Defendant
- Party Name
- LSGD Assistant Engineer, Public Works, Grama Panchayat
- Party Role
- Defendant
- Party Name
- Noushad
- Party Age
- 46
- Relation
- S/o
Plaintiffs Documents
Property Tax Receipt dated 10.02.2022, Property Tax Receipt dated 10.06.2021, Property Tax Receipt dated 09.02.2022, Property Tax Receipt dated 05.04.2022, Office Copy of Advocate notice dated 28.01.2022, Postal Receipt dated 29.01.2022
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. S. Shajilal
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Permanent prohibitory injunction against defendants 1 and 2 from encroaching the plaint schedule pathway and renaming it.
Evidence:
So they are entitled to get a decree of permanent prohibitory injunction.
Documents & Evidence
Document Type:
Property Tax Receipt
Submitted By:
Plaintiff
Relevance:
Submitted as evidence of ownership and rights over the pathway.
Reference:
Ext.A1
Document Type:
Property Tax Receipt
Submitted By:
Plaintiff
Relevance:
Submitted as evidence of ownership and rights over the pathway.
Reference:
Ext.A2
Document Type:
Property Tax Receipt
Submitted By:
Plaintiff
Relevance:
Submitted as evidence of ownership and rights over the pathway.
Reference:
Ext.A3
Document Type:
Property Tax Receipt
Submitted By:
Plaintiff
Relevance:
Submitted as evidence of ownership and rights over the pathway.
Reference:
Ext.A4
Document Type:
Office copy of Advocate notice
Submitted By:
Plaintiff
Relevance:
Submitted as evidence of prior communication regarding the defendants' encroachment.
Reference:
Ext.A5
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Submitted as evidence related to the notice sent to the first defendant.
Reference:
Ext.A6
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiffs Court, Varkala
Common Reasons
Case Code
Case between Nasar et al vs Grama Panchayat Secretary et al regarding permanent prohibitory injunction
Case Code Year
Case between Nasar et al vs Grama Panchayat Secretary et al regarding permanent prohibitory injunction