Case Summary
Plaintiff Ali filed a suit seeking mandatory injunction against defendants to remove unauthorized electric motors affixed near the well on his property, as defendants trespassed and drew water using the motors.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Mandatory Injunction for removal of electric motor
Case Type
Civil Suit - Mandatory Injunction
Final Judgment
No
Why Plaintiff Won:
The plaintiff successfully proved his case with cogent and reliable evidence as defendants remained exparte.
The plaintiff successfully proved his case with cogent and reliable evidence as defendants remained exparte.
Judgment Evidence:
The court decreed the suit as follows: I. The defendants are hereby directed to remove the electric motor which they affixed near to the well situated on the northwestern boundary of plaint schedule property. II. The defendants are directed to pay the costs of the suit.
Parties Involved
Plaintiffs
Ali (62 years)
Thrikandiyoor amsom, North Annara desom, Tirur Taluk
Defendants
Unni (60 years)
Thrikandiyoor amsom, North Annara desom, Tirur Taluk
Shamsudheen (55 years)
Thrikandiyoor amsom, North Annara desom, Tirur Taluk
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
Removal of unauthorized electric motor near the well on plaintiff's property.
Evidence:
The court decreed the suit as follows: I. The defendants are hereby directed to remove the electric motor which they affixed near to the well situated on the northwestern boundary of plaint schedule property.
Relief Type:
Costs
Outcome:
Granted
Description:
Defendant to pay the costs of the suit
Evidence:
The court decreed the suit as follows: II. The defendants are directed to pay the costs of the suit.
Documents & Evidence
Document Type:
Copy of Joint Surrender Deed
Submitted By:
Plaintiff
Relevance:
Submitted as evidence of property ownership.
Reference:
A1 : 13-02-2012
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Submitted for taxation purposes.
Reference:
A2 : 14-05-2015
Document Type:
Jenm Assignment Deed
Submitted By:
Plaintiff
Relevance:
Submitted as evidence of property inheritance.
Reference:
A3 : 21-03-1973
Document Type:
Commission Report
Submitted By:
Unknown
Relevance:
Commission report filed by Advocate Commissioner.
Reference:
C1 : 28-09-2015
Document Type:
Sketch
Submitted By:
Unknown
Relevance:
Sketch filed by Advocate Commissioner.
Reference:
C2 : 28-09-2015