Case Summary
This case involves P. Leela and Padmanabhan Nambiar as plaintiffs seeking a permanent prohibitory injunction against P. Narayan Nambiar, the defendant, to prevent trespassing and reducing the width of a road. The defendant has also filed a counterclaim for mandatory injunction.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction against the defendant from reducing the width and altering the status-quo of the road and from trespassing into the plaint schedule property.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiffs, granting a permanent prohibitory injunction against the defendant from trespassing and altering the property status, while dismissing the counter claim by the defendant.
Why Plaintiff Won:
The plaintiffs established undisputed title and possession over the plaint schedule property.
The plaintiffs established undisputed title and possession over the plaint schedule property.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The plaintiffs clearly established their possession over the disputed area through other attended circumstances.
Judgment Evidence:
In the result, the suit is decreed with costs and counter claim is dismissed with costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- P. Leela
- Party Age
- 75
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Padmanabhan Nambiar
- Party Age
- 85
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- P. Narayan Nambiar
- Party Age
- 82
- Relation
- S/o
Plaintiffs Documents
Settlement Deed No. 1220/1991, Basic Tax Receipt, Notices from Purameri Gramapanchayath.
Defendants Documents
Photographs, Compact Disc, Letters from District Collector and Purameri Gramapanchayath.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. P. Balagopalan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. P. Arun Kumar
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Anil Kumar. K
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Ratheesh Kumar. K. K
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Defendant is restrained from reducing the width of the road and trespassing into the plaint schedule property.
Evidence:
The plaintiffs are entitled to get a decree of permanent prohibitory injunction from this court.
Relief Type:
Mandatory Injunction
Outcome:
Refused
Description:
The counter claim for mandatory injunction is denied.
Evidence:
The relief of permanent prohibitory and mandatory injunction claimed by the defendant in their counter claim is hereby denied.
Documents & Evidence
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
The document establishes the title of the first plaintiff over the plaint schedule property.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
This document is an undisputed tax receipt supporting the plaintiffs' ownership claim.
Reference:
Ext.A2
Document Type:
Notice
Submitted By:
Plaintiff
Relevance:
This notice issued by the Panchayath indicates complaints against the second plaintiff.
Reference:
Ext.A3
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
The plaintiffs' response to the notice issued by the Panchayath, asserting their position.
Reference:
Ext.A4
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
This prior notice reinforces the plaintiffs' assertions regarding the drainage issue.
Reference:
Ext.A5
Document Type:
Photograph
Submitted By:
Defendant
Relevance:
Photographs submitted by the defendant relevant to the counter claim.
Reference:
Ext.B1
Document Type:
Photograph
Submitted By:
Defendant
Relevance:
Additional photographic evidence related to the drainage.
Reference:
Ext.B1(a)
Document Type:
Photograph
Submitted By:
Defendant
Relevance:
Further photographic evidence in support of the defendant's position.
Reference:
Ext.B1(b)
Document Type:
Compact Disc
Submitted By:
Defendant
Relevance:
A CD containing additional evidence related to the case.
Reference:
Ext.B2
Document Type:
Cash Memo
Submitted By:
Defendant
Relevance:
A cash memo supporting the defendant's claims.
Reference:
Ext.B3
Document Type:
Notice
Submitted By:
Defendant
Relevance:
A notice from the District Collector relevant to the case.
Reference:
Ext.B4
Document Type:
Notice
Submitted By:
Defendant
Relevance:
Office notes concerning the Panchayath's consideration of the case.
Reference:
Ext.B4(a)
Document Type:
Notice
Submitted By:
Defendant
Relevance:
A notice concerning the property dispute.
Reference:
Ext.B4(b)
Document Type:
Counter Claim
Submitted By:
Defendant
Relevance:
The formal counter claim filed by the defendant.
Reference:
Ext.B5
Document Type:
Medical prescription
Submitted By:
Defendant
Relevance:
Supporting evidence related to the defendant's health issues.
Reference:
Ext.B6
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Report by the Advocate commissioner detailing the property status.
Reference:
Ext.C1
Document Type:
Commission Plan
Submitted By:
Court
Relevance:
Plan accompanying the commission report.
Reference:
Ext.C1(a)
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Report by a second Advocate commissioner related to the counterclaim.
Reference:
Ext.C2
Document Type:
Commission Plan
Submitted By:
Court
Relevance:
Plan related to the second commission report.
Reference:
Ext.C2(a)
Document Type:
Notice
Submitted By:
Unknown
Relevance:
A notice issued by Panchayath relevant to the proceedings.
Reference:
Ext.X1
Document Type:
Decisions of the Meeting
Submitted By:
Unknown
Relevance:
Decisions made in a Panchayath meeting related to the case.
Reference:
Ext.X2
Case Classification
Case Type
Civil Suit
Category
Injunction and Access Rights
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court, Nadapuram
Common Reasons
Case Code
Case between P. Leela vs P. Narayan Nambiar regarding permanent prohibitory injunction
Case Code Year
Case between P. Leela vs P. Narayan Nambiar regarding permanent prohibitory injunction