Case Summary
Ramla, the plaintiff, is seeking to fix the boundary of the property and obtain permanent prohibitory and mandatory injunction against her brother Subair, the defendant, who is preventing her from measuring the boundary and accessing certain parts of the property. The suit arises from the division of property inherited from their deceased father.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Fixation of boundary, permanent prohibitory injunction, and mandatory injunction.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, mandating boundary fixation and a permanent injunction against the defendant from interfering with the plaintiff's possession.
Why Plaintiff Won:
The plaintiff's claims were not disputed as the defendant proceeded exparte.
The plaintiff's claims were not disputed as the defendant proceeded exparte.
Losing Side's Weaknesses:
The plaintiff's claims were not disputed as the defendant proceeded exparte.
The plaintiff's claims were not disputed as the defendant proceeded exparte.
Supporting Evidence
The relief of fixation of boundary, permanent prohibitory and mandatory injunction stands undisputed since the defendant has proceeded exparte.
Judgment Evidence:
In the result, the suit is decreed with costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Ramla
- Party Age
- 56
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Subair
- Party Age
- 52
- Relation
- S/o
Plaintiffs Documents
Partition Deed No. 292/2010 of SRO, Kavilumpara, Basic Tax Receipt issued by Village Office, Kayakkodi to Ramla
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. P. Balagopalan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt. Mini. K. Koyeri
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. P. Arunkumar
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Injunction
Outcome:
Granted
Description:
A decree of permanent prohibitory injunction restraining the defendant from trespassing into the plaint A schedule property.
Evidence:
The defendant, his men or agents are restrained by a decree of permanent prohibitory injunction from trespassing into the plaint A schedule property, committing any wastage.
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
A mandatory injunction directing the defendant to allow the plaintiff to have a pathway through plaint B schedule.
Evidence:
A mandatory injunction is passed directing the defendant to allow the plaintiff to have a pathway through plaint B schedule as per the description.
Relief Type:
Declaration
Outcome:
Granted
Description:
Fixation of boundaries of the properties as per the measurements stated in Ext.A1.
Evidence:
The eastern boundary of the property mentioned in plaint A schedule which is the property belonged to the defendant is fixed based on the measurements as per Ext.A1 partition deed.
Documents & Evidence
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
This document is used to establish the partition of the property among the heirs of the deceased father of the plaintiff and defendant.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
This document is presented as evidence of the plaintiff's ownership and tax payment concerning the property.
Reference:
Ext.A2
Document Type:
Commission Report
Submitted By:
Court
Relevance:
This report contains findings relevant to the suit based on the examination of the plaintiff at her residence.
Reference:
Ext.C1
Document Type:
Surveyor plan
Submitted By:
Court
Relevance:
This set of plans includes the details for fixing the boundary of the properties in dispute.
Reference:
Ext.C2 series
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court, Nadapuram
Common Reasons
Case Code
Case between Ramla vs Subair regarding fixation of boundary, permanent prohibitory and mandatory injunction.
Case Code Year
Case between Ramla vs Subair regarding fixation of boundary, permanent prohibitory and mandatory injunction.