Case Summary
The plaintiffs, S. Muraleedharan Pillai and Kiran Babu, filed a suit against the defendants regarding a dispute over a pathway and a compound wall. The plaintiffs are seeking an injunction to prevent the defendants from making alterations to the wall and pathway they claim to be exclusively theirs.
Judgment Outcome
Judgment Favored
Partial
Relief Granted
The defendants are restrained from demolishing the plaint E schedule compound wall, cutting open any portion of it for entering into C schedule private pathway or from committing any waste or damage therein.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiffs, granting them a partial injunction against the defendants from altering the compound wall and pathway. The plaintiffs were also entitled to recover costs from the defendants.
Key Reasoning:
The plaintiffs succeeded in proving their case due to lack of rebutting evidence from the defendants.
The plaintiffs succeeded in proving their case due to lack of rebutting evidence from the defendants.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
By producing Exts. A1 to A5 and C1 series and by deposing in tune with the plaint averments in the affidavit, the plaintiffs have succeeded in proving their case. Moreover, there is no evidence to rebut the evidence adduced on the side of the plaintiffs.
Judgment Evidence:
In the result, this suit is decreed in part as follows: The defendants are restrained from demolishing the plaint E schedule compound wall, cutting open any portion of the plaint E schedule compound wall for entering into C schedule private pathway or from committing any waste or damage therein.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- S. Muraleedharan Pillai
- Party Age
- 73
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Kiran Babu
- Party Age
- 40
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Siniya Nadeer alias Siniya Beegum
- Party Age
- 50
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Imana Nadeer
- Party Age
- 21
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Naveed N. Ahamed
- Party Age
- 18
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sidhik
- Party Age
- 40
- Relation
- Proprietor
Plaintiffs Documents
Land tax receipt No. 4881/1961, Land tax receipt No. 573/2014, Power of Attorney executed by S. Muraleedharan Pillai.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- R. Bahuleyan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Anjana Sudarsanan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- A.S. Abhiram
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Nil
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Restraining the defendants from demolishing the E schedule compound wall and obstructing the C schedule private pathway.
Evidence:
The defendants are restrained from demolishing the plaint E schedule compound wall, cutting open any portion of the plaint E schedule compound wall for entering into C schedule private pathway or from committing any waste or damage or obstructions in the E schedule compound wall and C schedule private pathway.
Relief Type:
Other
Outcome:
Granted
Description:
Entitlement to recover costs of the suit from the defendants.
Evidence:
The plaintiffs are entitled to realise costs of the suit from the defendants.
Documents & Evidence
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Issued in the name of the plaintiff to prove ownership of property.
Reference:
Ext.A1
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Issued in the name of the second plaintiff to prove ownership of property.
Reference:
Ext.A2
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Proves the second plaintiff's ownership of the B schedule property.
Reference:
Ext.A3
Document Type:
Release deed
Submitted By:
Plaintiff
Relevance:
Establishes the defendants' ownership of the D schedule property.
Reference:
Ext.A4
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
Authorizes Malini Muralidharan to act on behalf of the first plaintiff.
Reference:
Ext.A5
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Marked to support the court's decision regarding the property dispute.
Reference:
Ext.C1 Series
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Case Code
Case between S. Muraleedharan Pillai et al vs Siniya Nadeer alias Siniya Beegum et al regarding permanent prohibitory injunction.
Case Code Year
Case between S. Muraleedharan Pillai et al vs Siniya Nadeer alias Siniya Beegum et al regarding permanent prohibitory injunction.