Case Summary
The 2nd defendant, Mohanan, seeks a permanent prohibitory injunction to stop the plaintiff, Nicemol Nishad, from trespassing onto his property and preventing him from using it. The court was asked to appoint a Taluk surveyor to demarcate the property after the plaintiff allegedly demolished a compound wall.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
Key Reasoning:
Judgment Evidence:
In the result, Petition is dismissed on costs of Rs.500/-.
Parties Involved
Plaintiffs
Nicemol Nishad alias Nice Nisha (34 years years)
Alappatt House, Vaikom Muhammed Basheer Road, Koonamtthai, Edappilly P O, Ernakulam, District- 682024
Defendants
Mohanan (65 years years)
Madhukappally House, Ambalam Road, Koonamthai, Edappally- 24
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Refused
Description:
The 2nd defendant sought a permanent prohibitory injunction restraining the plaintiff from trespassing into the plaint property.
Evidence:
Hence the court finds no merit in the petition.
Relief Type:
Appointment of Taluk Surveyor
Outcome:
Refused
Description:
The 2nd defendant requested to appoint a Taluk surveyor to measure and demarcate the plaint schedule property.
Evidence:
This court does not find it necessary to demarcate the property by a Taluk surveyor for the proper adjudication of the suit.
Documents & Evidence
Document Type:
Surrender Deed
Submitted By:
Plaintiff
Relevance:
This document establishes the possession and enjoyment of the property by the 2nd defendant after the demise of their mother.
Reference:
No.1545/2014
Document Type:
Local Inspection Report
Submitted By:
Plaintiff
Relevance:
This report was marked as evidence during the hearing of the suit.
Reference:
Ext.C1
Document Type:
Exhibit
Submitted By:
Plaintiff
Relevance:
These exhibits were marked as evidence presented by the plaintiff.
Reference:
Exts.A1 to A6
Document Type:
Exhibit
Submitted By:
Defendant
Relevance:
These exhibits were marked as evidence presented by the 2nd defendant.
Reference:
Exts.B1 and B2
Document Type:
Exhibit
Submitted By:
Plaintiff
Relevance:
These exhibits were marked as evidence during the reopening of the plaintiff's evidence.
Reference:
Exts.A7, A7(a), (b)
Document Type:
Commissioner Report
Submitted By:
Court
Relevance:
This report was marked as evidence and relates to the local inspection conducted.
Reference:
Ext.C1 (a)
Document Type:
Oral Evidence
Submitted By:
Unknown
Relevance:
Oral testimonies were provided by witnesses during the proceedings.
Reference: