Case Summary
This case involves plaintiffs Saidalavi and his daughter Sajna against defendants Yoosaf, Komu, and Saidalavi regarding an attempt to encroach upon their property and demolition of their compound wall. The plaintiffs sought a permanent prohibitory injunction to prevent the defendants from taking such actions.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction against the defendants from demolishing the compound wall and extending the pathway.
Case Type
Injunction
Final Judgment
No
Why Plaintiff Won:
The plaintiff proved his case with sufficient evidence, which remained unchallenged due to the defendants opting to remain exparte.
The plaintiff proved his case with sufficient evidence, which remained unchallenged due to the defendants opting to remain exparte.
Judgment Evidence:
In the result, the suit is decreed as follows. I. The defendants and their men are restrained, by way of permanent prohibitory injunction, from demolishing the compound wall situates on northern side of the plaint schedule property so as to extent the width of the pathway.
Parties Involved
Plaintiffs
Saidalavi (60 years years)
Kavumpurath House, Ponmundam amsom desom, Tirur Taluk
Sajna (35 years years)
Kavumpurath House, Ponmundam amsom desom, Tirur Taluk
Defendants
Yoosaf (40 years years)
Kannampulakkal House
Komu (62 years years)
Mullamadakkal House
Saidalavi (63 years years)
Mullamadakkal House
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
The defendants are permanently restrained from demolishing the compound wall situated on the northern side of the plaint schedule property.
Evidence:
I. The defendants and their men are restrained, by way of permanent prohibitory injunction, from demolishing the compound wall situates on northern side of the plaint schedule property so as to extent the width of the pathway.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiffs are entitled to realize the costs of the suit from the defendants.
Evidence:
Plaintiffs are entitled to realize the costs of the suit from the defendants.
Documents & Evidence
Document Type:
Gift Deed
Submitted By:
Plaintiff
Relevance:
It establishes the ownership of item No. 1 in the plaint schedule property belonging to the 1st plaintiff.
Reference:
Ext.A1
Document Type:
Joint Release Deed
Submitted By:
Plaintiff
Relevance:
It proves the transfer of property rights among the plaintiffs.
Reference:
Ext.A2
Document Type:
Jenm Assignment Deed
Submitted By:
Plaintiff
Relevance:
It further supports the ownership claims of the plaintiffs over item No. 2 in the plaint schedule property.
Reference:
Ext.A3
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
It serves as evidence of property tax paid, reinforcing the plaintiffs' ownership.
Reference:
Ext.A4
Document Type:
Commission Report
Submitted By:
Court
Relevance:
It provides findings relevant to the court's decision.
Reference:
Ext.C1
Document Type:
Commission Plan
Submitted By:
Court
Relevance:
It illustrates the layout of the property involved in the dispute.
Reference:
Ext.C2