Case Summary
Sankara Narayan Kurup filed a suit for permanent prohibitory injunction and mandatory injunction against Ramachandran Pillai and others concerning a pathway and the encroachment thereon. The defendants threatened to demolish a part of Kurup's property to widen the pathway.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Counter-claim plaintiffs directed to reconstruct the compound wall on the southern side as per the resurvey plan.
Case Type
Civil Suit
Final Judgment
No
The suit was dismissed, and the counter-claim was decreed, directing the counter-claim defendant to reconstruct the compound wall as per the resurvey plan.
Key Reasoning:
The counter-claim plaintiffs proved that the compound wall was in a dilapidated condition and obstructed access.
The counter-claim plaintiffs proved that the compound wall was in a dilapidated condition and obstructed access.
Why Defendant Won:
The counter-claim plaintiffs proved that the compound wall was in a dilapidated condition and obstructed access.
The counter-claim plaintiffs proved that the compound wall was in a dilapidated condition and obstructed access.
Supporting Evidence
The plaintiff miserably failed to prove right over plaint B schedule pathway by convincing evidence, suppression of materials facts was also pointed out as a reason for disallowing the prayer.
Judgment Evidence:
In the result, the suit is dismissed and counter-claim decreed as follows: (i) The counter-claim defendant is hereby directed to re-construct the compound wall on southern side as per the resurvey plan.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sankara Narayan Kurup
- Party Age
- 70
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Ramachandran Pillai
- Party Age
- 65
- Relation
- H/o
- Party Role
- Defendant
- Party Name
- Chandramathy Amma
- Party Age
- 60
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Rejani
- Party Age
- 30
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Ratheesh
- Party Age
- 28
- Relation
- S/o
Plaintiffs Documents
Power of Attorney executed by plaintiff, Photocopy of sale deed No.585/1/1997, Tax receipt
Defendants Documents
Certified copy of sale deed No.1102/1993, Certified copy of Settlement Deed No.111/16, Tax receipt, Resurvey plan of the Counter Claim scheduled property, Receipt issued from Anchalummodu Police Station, Photographs (Nos.)
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Kallada M. Balachandran
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- T. Saproo
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Refused
Description:
Plaintiff requested a permanent prohibition against encroachment by the defendants.
Evidence:
The apprehension of plaintiff is not proved.
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
Counter claim plaintiffs sought order for reconstruction of a compound wall.
Evidence:
Counter claim plaintiffs are entitled to the mandatory injunction, as sought for.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Proves plaintiff's title over the plaint schedule property.
Reference:
Ext.A2
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Demonstrates payment of land tax by the plaintiff.
Reference:
Ext.A3
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Details condition of the disputed compound wall.
Reference:
Ext.C1
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Provides measurements of the pathway width and foundation condition.
Reference:
Ext.C2
Document Type:
Sale deed
Submitted By:
Defendant
Relevance:
Establishes defendants' property rights.
Reference:
Ext.B1
Document Type:
Settlement Deed
Submitted By:
Defendant
Relevance:
Further establishes property rights of the defendants.
Reference:
Ext.B2
Document Type:
Tax receipt
Submitted By:
Defendant
Relevance:
Evidence of tax payment related to defendant's property.
Reference:
Ext.B3
Document Type:
Resurvey Plan
Submitted By:
Defendant
Relevance:
Illustrates boundaries and measurements relevant to the dispute.
Reference:
Ext.B4
Document Type:
Police Complaint Receipt
Submitted By:
Defendant
Relevance:
Documents the filing of a police complaint pertaining to the dispute.
Reference:
Ext.B5
Document Type:
Photographs
Submitted By:
Defendant
Relevance:
Visually documents the condition of the property.
Reference:
Ext.B6
Document Type:
Certificate of Examination
Submitted By:
Unknown
Relevance:
Provides credentials of an engineering expert.
Reference:
Ext.X1
Document Type:
Certificate of Registration
Submitted By:
Unknown
Relevance:
Establishes qualifications of the engineer involved.
Reference:
Ext.X2
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 Sankara Narayan Kurup vs Ramachandran Pillai et al regarding permanent prohibitory injunction and mandatory injunction.
Case Code Year
Case between Sankara Narayan Kurup vs Ramachandran Pillai et al regarding permanent prohibitory injunction and mandatory injunction.