Case Summary
The plaintiff, Pradeep Kumar P, is the owner of a property and has sought an injunction against the defendant, PK Prajeesh, who is allegedly encroaching upon the plaintiff's compound wall. The defendant was set ex parte due to non-appearance.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent injunction against the defendant from removing/chipping off the offset of the compound wall.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit and granted a permanent injunction against the defendant from tampering with the plaintiff's compound wall.
Why Plaintiff Won:
The evidence of the plaintiff stood unchallenged and showed entitlement to the reliefs prayed for.
The evidence of the plaintiff stood unchallenged and showed entitlement to the reliefs prayed for.
Losing Side's Weaknesses:
The evidence of the plaintiff stood unchallenged and showed entitlement to the reliefs prayed for.
The evidence of the plaintiff stood unchallenged and showed entitlement to the reliefs prayed for.
Supporting Evidence
The unchallenged evidence of PW1 and Exts. A1 to A3 would show that the petitioner is entitled to the reliefs as prayed for.
Judgment Evidence:
In the result, the suit is decreed with costs as follows: 1. The defendant is hereby restrained by way of perpetual prohibitory injunction from removing/chipping off the offset of the compound wall in the northern side of the plaint schedule property...
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Pradeep Kumar P
- Party Age
- 62
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- PK Prajeesh
- Party Age
- 36
- Relation
- S/o
Plaintiffs Documents
Registered janmam assignment deed No. 133/2011, Building tax receipt, Land tax receipt.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.PS Murali
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri.Shemie jithin
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt.Anjana PK
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
The defendant is restrained from removing/chipping off the offset of the compound wall.
Evidence:
The defendant is hereby restrained by way of perpetual prohibitory injunction from removing/chipping off the offset of the compound wall in the northern side of the plaint schedule property and from committing any acts of waste or nuisance therein and from doing any work what so ever/tampering/plastering on the compound wall of the plaint schedule property.
Relief Type:
Other
Outcome:
Granted
Description:
The defendant shall pay the costs of the suit to the plaintiff.
Evidence:
That the defendant shall pay the costs of the suit to the plaintiff.
Documents & Evidence
Document Type:
Notary attested copy of Jenmam assignment deed
Submitted By:
Plaintiff
Relevance:
This document establishes the plaintiff's ownership of the plaint schedule property.
Reference:
Ext.A1
Document Type:
Building Tax Receipt
Submitted By:
Plaintiff
Relevance:
This document proves that the plaintiff is liable for tax on the building constructed on the property.
Reference:
Ext.A2
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
This document confirms the tax payment status of the land associated with the plaint schedule property.
Reference:
Ext.A3
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 1 Kozhikode
Common Reasons
Case Code
Case between Pradeep Kumar P vs PK Prajeesh regarding injunction
Case Code Year
Case between Pradeep Kumar P vs PK Prajeesh regarding injunction