Case Summary
Sherin Palal filed a suit against K U Usha for a mandatory injunction to reconstruct a damaged pump house after a tree from Usha's property fell on it. The plaintiff alleged damage and loss of income due to the defendant's failure to act.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
Key Reasoning:
The plaintiff did not prove that the damage was caused by the defendant's negligence or actions.
The plaintiff did not prove that the damage was caused by the defendant's negligence or actions.
Judgment Evidence:
In the result, suit is dismissed with costs.
Parties Involved
Plaintiffs
Sherin Palal (44 years)
Palal House, Arakunnam P O, Mulanthuruthy Village, Kanayannoor Taluk, Ernakulam District 682313
Defendants
K U Usha (58 years)
Kizhakkekara House, Arakkunam P O, Mulanthuruthy Village, Kanayannoor Taluk, Ernakulam District 682313
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Refused
Description:
Request for mandatory injunction directing the defendant to restore the damaged pump house.
Evidence:
Therefore, from the above discussion, this court is satisfied that plaintiff has failed to prove his case.
Documents & Evidence
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Original tax receipt issued by Mulanthuruthy Village Office.
Reference:
Ext.A1
Document Type:
Electricity Bill
Submitted By:
Plaintiff
Relevance:
Original electricity bill issued to the petitioner.
Reference:
Ext.A2
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
Reply notice sent by defendant has totally denied the plaint averments.
Reference:
Ext.A3
Document Type:
Oral Evidence
Submitted By:
Unknown
Relevance:
Oral evidence of PW1 was presented.
Reference: