Case Summary
The plaintiff, Unnikrishnan K, is suing the defendant, Mohanan, for obstruction of natural water flow affecting his property. The case revolves around the construction done by the defendant, which allegedly interferes with the drainage system and causes flooding in the plaintiff's property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction and mandatory injunction to remove the obstruction.
Case Type
Civil Suit
Final Judgment
No
The court decreed that the defendant is permanently restrained from obstructing the natural flow of water and directed the removal of a wall that hinders drainage. The plaintiff is also entitled to costs from the defendant.
Why Plaintiff Won:
The evidence showed that the defendant obstructed the natural flow of water, which is not permissible.
The evidence showed that the defendant obstructed the natural flow of water, which is not permissible.
Losing Side's Weaknesses:
The evidence showed that the defendant obstructed the natural flow of water, which is not permissible.
The evidence showed that the defendant obstructed the natural flow of water, which is not permissible.
Supporting Evidence
The evidence available would show that the defendant obstructed the natural flow of the water. This is not allowable.
Judgment Evidence:
In the result, the suit is decreed as follows: A decree of permanent prohibitory injunction is granted restraining the defendant from making any construction on the southern boundary Kayyala of plaint schedule item No.1 property, committing any waste therein, or making any construction in item No. 2 that obstructs the flow of water through the item No. 3 drainage.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Unnikrishnan K
- Party Age
- 61
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Mohanan
- Party Age
- 65
- Relation
- S/o
Plaintiffs Documents
Sale deed No.5/1988, Land tax receipt No.KL05020404340/2024
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Chandrababu P.R.
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- K. Ajith
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Restraining the defendant from making any construction obstructing water flow.
Evidence:
A decree of permanent prohibitory injunction is granted restraining the defendant from making any construction on the southern boundary Kayyala of plaint schedule item No.1 property.
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
Directing the defendant to remove the concrete wall obstructing the natural flow of water.
Evidence:
A decree of mandatory injunction is granted directing the defendant to remove item No. 4 concrete wall constructed in item No.2, which obstructs the natural flow of water through item No.3, within 1 month from the date of the decree.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff entitled to costs of the suit.
Evidence:
Plaintiff is entitled to get the cost of the suit from the defendant and his assets.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Proved title and possession over the plaint schedule item No.1 property.
Reference:
Ext.A1
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Supported claim of possession over the plaint schedule item No.1 property.
Reference:
Ext.A2
Document Type:
Mahazar
Submitted By:
Court
Relevance:
Prepared and filed by Adv. Commissioner to support evidence on drainage.
Reference:
Ext.C1
Document Type:
Sketch
Submitted By:
Court
Relevance:
Submitted along with commission report to illustrate property drainage.
Reference:
Ext.C1(a)
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Filed by Adv. Commissioner, confirmed drainage conditions affecting water flow.
Reference:
Ext.C2
Document Type:
Survey Plan
Submitted By:
Court
Relevance:
Illustrated property layout relevant to the drainage dispute.
Reference:
Ext.C2(a)
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Kanjirappally
Common Reasons
Case Code
O.S.
Case Code Year
2018