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O.S 100/2023

Case between P.A. Siddique vs Baiju, Reji, Sinaj regarding permanent prohibitory injunction.

Court
COURT OF THE MUNSIFF, KANJIRAPPALLY
Judge
Smitha Susan Mathew
Order Date
2025-02-28
Duration
approximately-2 years 10 months
Case Code No.
100
Case Closed
Fri, 02/28/2025 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

P.A. Siddique is the plaintiff seeking an injunction against his neighbors, Baiju, Reji, and Sinaj, to prevent them from enlarging a pathway on his property. The defendants allegedly attempted to widen the pathway by demolishing a separation wall.

Judgment Outcome

Plaintiff Won
Interim Order
The suit is decreed in favor of the plaintiff, restraining defendants from trespassing, widening the pathway, or demolishing the Kayyala on the plaintiff's property.
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction from trespassing and construction activities.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff, restraining defendants from trespassing, widening the pathway, or demolishing the Kayyala on the plaintiff's property.
Why Plaintiff Won:
The evidence presented clearly established the plaintiff's title and the defendants' unauthorized intentions.
Losing Side's Weaknesses:
The evidence presented clearly established the plaintiff's title and the defendants' unauthorized intentions.
Supporting Evidence
These evidences remain unrebutted. The apprehension of plaintiff that defendants may destroy the Kayyala on southern side cannot be ruled out.

Judgment Evidence:

In the result the suit is decreed as follows:- 1. The defendants are restrained by a decree of permanent prohibitory injunction from trespassing on the plaint schedule property, widening the pathway by annexing any portion of the said property.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
P.A. Siddique
Party Age
44
Relation
S/o
Party Role
Defendant
Party Name
Baiju
Party Age
35
Relation
S/o
Party Role
Defendant
Party Name
Reji
Party Age
50
Party Role
Defendant
Party Name
Sinaj
Party Age
34
Relation
S/o
Plaintiffs Documents
Certified copy of sale deed No. 4144/2005 of SRO, Kanjirappally, Tax receipt.
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Muhammed Haris K.S.
Appearance Type
Main Counsel

Reliefs

Relief Type: Permanent Injunction
Outcome: Granted
Description:
Defendants are restrained from trespassing on the plaint schedule property and widening the pathway.
Evidence:
The defendants are restrained by a decree of permanent prohibitory injunction from trespassing on the plaint schedule property, widening the pathway by annexing any portion of the said property, demolishing the Kayyala and the protection wall on the southern side of the property and committing any waste therein.
Relief Type: Other
Outcome: Granted
Description:
Plaintiff entitled to get costs from the defendant.
Evidence:
Plaintiff is entitled to get the cost of the suit from defendant and his assets.

Documents & Evidence

Document Type: Certified copy of Sale Deed
Submitted By: Plaintiff
Relevance:
Proves the title of the plaintiff over the plaint schedule property.
Reference:
Ext.A1
Document Type: Tax receipt
Submitted By: Plaintiff
Relevance:
Supports the plaintiff's claim regarding ownership and tax payment for the property.
Reference:
Ext.A2
Document Type: Mahqazar
Submitted By: Court
Relevance:
Document prepared by Advocate Commissioner relevant to the case.
Reference:
Ext.C1
Document Type: Rough Sketch
Submitted By: Court
Relevance:
Sketch prepared by Advocate Commissioner illustrating the property and pathway.
Reference:
Ext.C1(a)

Case Classification

Case Type
Civil Suit
Category
Injunction and Access Rights
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Kanjirappally
Common Reasons
Case Code
O.S
Case Code Year
2023

Quick Facts

Location
Kanjirappally
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Kanjirappally
Case Filed
Sat, 04/15/2023 - 12:00
Case Closed
Fri, 02/28/2025 - 12:00
From
Wed, 01/01/2025 - 12:00
To
Fri, 02/28/2025 - 12:00
Outcome Confidence
95%

Involved Entities

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