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
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.
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.
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.