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ORIGINAL SUIT No. 130 OF 2015

Case between Palakkalakath Moosakutty vs Saleem et al regarding fixation of boundary and mandatory injunction.

Court
COURT OF THE MUNSIFF OF TIRUR
Judge
Sri. JANKISH NARAYANAN
Order Date
2019-11-29
Duration
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

The case involves Palakkalakath Moosakutty as the plaintiff and defendants Saleem and Sainudheen. The suit is about fixing the boundary of the plaintiff's property, alleging that the defendants constructed a compound wall encroaching upon the plaintiff's access way.

Judgment Outcome

Defendant Won
Interim Order
The court dismissed the suit, determining that the plaintiff failed to prove ownership of the disputed property and the need for the boundary to be fixed. The court found the suit was not maintainable due to non-joinder of necessary parties.
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court dismissed the suit, determining that the plaintiff failed to prove ownership of the disputed property and the need for the boundary to be fixed. The court found the suit was not maintainable due to non-joinder of necessary parties.
Key Reasoning:
The plaintiff did not provide sufficient evidence of ownership or encroachment.
Why Defendant Won:
The plaintiff did not provide sufficient evidence of ownership or encroachment.
Supporting Evidence
There is no evidence on record to indicate that the plaint A schedule property and the defendants' property are lying without demarcating boundary.

Judgment Evidence:

In the result, the suit is dismissed with costs.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Palakkalakath Moosakutty
Party Age
49
Relation
S/o
Party Role
Defendant
Party Name
Saleem
Party Age
45
Relation
S/o
Party Role
Defendant
Party Name
Sainudheen
Party Age
45
Relation
S/o
Plaintiffs Documents
Certified Copy of Jenm Assignment Deed, No.3804/2004, Tax Receipt
Defendants Documents
Certified Copy of Jenm Assignment Deed, No.334/2000

Advocates

Party Role
Plaintiff
Advocate Name
Sri. C.Shanmughan
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Sri. K. Meharoof Shihab
Appearance Type
Main Counsel

Reliefs

Relief Type: Mandatory Injunction
Outcome: Refused
Description:
Plaintiff sought a mandatory injunction for fixation of boundary.
Evidence:
As discussed above, the plaintiff is not entitled to get any relief as prayed.

Documents & Evidence

Document Type: Certified Copy of Jenm Assignment deed
Submitted By: Plaintiff
Relevance:
Establishes plaintiff's claim to the property.
Reference:
Ext.A1
Document Type: Tax receipt
Submitted By: Plaintiff
Relevance:
Used to support plaintiff's residence in the disputed property.
Reference:
Ext.A2
Document Type: Certified Copy of Jenm Assignment deed
Submitted By: Defendant
Relevance:
Establishes defendant's claim to the property.
Reference:
Ext.B1
Document Type: Commission Report
Submitted By: Court
Relevance:
Provides findings regarding property demarcation and boundaries.
Reference:
Ext.C1 to C6

Case Classification

Case Type
Civil Suit
Category
Property and Possession Disputes
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Boundary Dispute
Case Code
Case between Palakkalakath Moosakutty vs Saleem et al regarding fixation of boundary and mandatory injunction.
Case Code Year
Case between Palakkalakath Moosakutty vs Saleem et al regarding fixation of boundary and mandatory injunction.

Quick Facts

Location
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Case Filed
Case Closed
From
Fri, 11/01/2019 - 12:00
To
Sat, 11/30/2019 - 12:00
Outcome Confidence
80%

Involved Entities

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