Case Summary
The plaintiffs are Sathi, Aanadhan, and Sumithra who are involved in a suit for permanent prohibitory injunction against defendants Areekkath Thankam and Soman. Both parties have agreed to refer the matter for mediation and have reached a settlement.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendants shall not enter into and cause any damage or destruction to plaint A schedule property.
Case Type
Original Suit
Final Judgment
No
The court accepted the mediation agreement, decreeing the suit as per the terms agreed upon by the parties, while the counter claim was dismissed as not pressed.
Why Plaintiff Won:
The defendants admitted the ownership and possession of the plaintiff over the Schedule A property.
The defendants admitted the ownership and possession of the plaintiff over the Schedule A property.
Losing Side's Weaknesses:
The defendants admitted the ownership and possession of the plaintiff over the Schedule A property.
The defendants admitted the ownership and possession of the plaintiff over the Schedule A property.
Supporting Evidence
The defendants also agreed not to enter into the Schedule A property or cause any damage or destruction to it.
Judgment Evidence:
In the result, the suit decreed as per the mediation agreement. The defendants shall not enter into and cause any damage or destruction to plaint A schedule property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sathi
- Party Age
- 72
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Aanadhan
- Party Age
- 72
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Sumithra
- Party Age
- 62
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Areekkath Thankam
- Party Age
- 57
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Soman
- Party Age
- 63
- Relation
- S/o
Plaintiffs Documents
Will No.83/1988, Sale deed No.650/2011
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. C. Ullas
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Subin. K
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Anwar Ali. A
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Plaintiffs granted a permanent injunction preventing defendants from entering or causing harm to Scheduled A property.
Evidence:
The defendants shall not enter into and cause any damage or destruction to plaint A schedule property.
Relief Type:
Recovery
Outcome:
Granted
Description:
Defendants ordered to pay the plaintiffs consideration amounts for the use of pathways.
Evidence:
The 1st defendant shall pay Rs.40,000/- as consideration to the 1st plaintiff for executing document creating right to use the pathway.
Relief Type:
Recovery
Outcome:
Granted
Description:
Second defendant ordered to pay the plaintiffs for pathway use.
Evidence:
The 2nd defendant shall pay Rs.2,60,000/- to the 1st plaintiff as consideration to use the above pathway.
Relief Type:
Other
Outcome:
Not Decided
Description:
Counter claim not pressed.
Evidence:
Counter claim is dismissed as not pressed.
Documents & Evidence
Document Type:
Mediation Agreement
Submitted By:
Court
Relevance:
The mediation agreement terms were summarized and accepted as part of the judgment.
Reference:
Document Type:
Will
Submitted By:
Plaintiff
Relevance:
The court acknowledged the plaintiff's ownership based on the Will.
Reference:
Will No.83/1988
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
The court considered the ownership of the property according to the sale deed.
Reference:
No.650/2011
Document Type:
Sale deed
Submitted By:
Defendant
Relevance:
This deed was referenced in relation to the defendants' right to use the pathway.
Reference:
No.2165/2019
Case Classification
Case Type
Original Suit
Category
Other Civil Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Case Code
Case between Sathi, Aanadhan, Sumithra vs Areekkath Thankam, Soman regarding permanent prohibitory injunction.
Case Code Year
Case between Sathi, Aanadhan, Sumithra vs Areekkath Thankam, Soman regarding permanent prohibitory injunction.
Case Flags
Out-of-Court Settlement