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ORIGINAL SUIT No. 88/2024

Case between Joy vs Thomas.E.A et al regarding mandatory injunction and permanent prohibitory injunction.

Court
COURT OF ADDITIONAL MUNSIFF -II, KOZHIKODE
Judge
Smt.ANJALI. P
Order Date
2025-10-14
Duration
approximately-1 year 8 days
Case Closed
Tue, 10/14/2025 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

The plaintiff, Joy, is seeking a mandatory and permanent prohibitory injunction against the defendants, Thomas.E.A and Reyi Apro, regarding the use of a way leading to his property. The plaintiff claims he has been using this way since 2010 and that the defendants are unlawfully obstructing his access.

Judgment Outcome

Plaintiff Won
Interim Order
The court ruled in favor of the plaintiff, issuing a permanent prohibitory injunction against the defendants from trespassing into the way and ordered a mandatory injunction to restore the width of the path.
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction and mandatory injunction to remove stones and restore width.
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiff, issuing a permanent prohibitory injunction against the defendants from trespassing into the way and ordered a mandatory injunction to restore the width of the path.
Why Plaintiff Won:
The ownership and possession of the plaintiff over the plaint A schedule property is proved by the exhibit A1 document.
Losing Side's Weaknesses:
The ownership and possession of the plaintiff over the plaint A schedule property is proved by the exhibit A1 document.
Supporting Evidence
The ownership and possession of the plaintiff over the plaint A schedule property is proved by the exhibit A1 document.

Judgment Evidence:

In the result, 1. The defendants their men and agents are hereby restrained by way of permanent prohibitory injunction from trespassing into the plaint B schedule way, committing waste therein or constructing drainage therein. 2. The defendants are hereby directed by way of mandatory injunction to remove the stones dumped in the plaint B schedule way and restore its width to 10 feet...

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Joy
Party Age
68
Relation
S/o
Party Role
Defendant
Party Name
Thomas.E.A
Party Age
42
Relation
S/o
Party Role
Defendant
Party Name
Reyi Apro
Party Age
40
Relation
S/o
Plaintiffs Documents
Certified copy of Deed No.2479/2010, Certified copy of Deed No. 750/1998
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Sri. P.M.Mohandas
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Khaleel.O.P
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Adv. K.P.Muhammed Arif
Appearance Type
Main Counsel

Reliefs

Relief Type: Permanent Injunction
Outcome: Granted
Description:
Defendants are hereby restrained from trespassing into the plaint B schedule way, committing waste therein or constructing drainage therein.
Evidence:
The defendants their men and agents are hereby restrained by way of permanent prohibitory injunction from trespassing into the plaint B schedule way, committing waste therein or constructing drainage therein.
Relief Type: Mandatory Injunction
Outcome: Granted
Description:
Defendants are hereby directed to remove the stones dumped in the plaint B schedule way and restore its width to 10 feet.
Evidence:
The defendants are hereby directed by way of mandatory injunction to remove the stones dumped in the plaint B schedule way and restore its width to 10 feet.
Relief Type: Other
Outcome: Granted
Description:
Defendants shall pay costs of the proceedings to the plaintiff.
Evidence:
The defendants shall also pay costs of the proceedings to the plaintiff.

Documents & Evidence

Document Type: Deed
Submitted By: Plaintiff
Relevance:
Ownership and possession of the plaint A schedule property is proved by the exhibit A1 document.
Reference:
Ext.A1
Document Type: Deed
Submitted By: Plaintiff
Relevance:
His right to use the plaint B schedule property is also proved by the recitals in the exhibit A1 and A2 document.
Reference:
Ext.A2

Case Classification

Case Type
Civil Suit
Category
Other Civil Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Case Code
Case between Joy vs Thomas.E.A et al regarding mandatory injunction and permanent prohibitory injunction.
Case Code Year
Case between Joy vs Thomas.E.A et al regarding mandatory injunction and permanent prohibitory injunction.

Quick Facts

Location
Kozhikode
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Case Filed
Case Closed
Tue, 10/14/2025 - 12:00
From
Mon, 09/01/2025 - 12:00
To
Wed, 12/31/2025 - 12:00
Outcome Confidence
90%

Involved Entities

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