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ORIGINAL SUIT No. 180 OF 2018

Case between Marakkar vs Abdul Kareem Azad regarding Injunction

Court
COURT OF THE MUNSIFF OF TIRUR
Judge
Sri. JANKISH NARAYANAN
Order Date
2019-08-31
Duration
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

Marakkar filed a suit against Abdul Kareem Azad seeking an injunction to prevent excavation that affected the lateral support of his property. The case involved issues related to property boundaries and retaining walls.

Judgment Outcome

Plaintiff Won
Interim Order
The court ruled in favor of the plaintiff, granting him a permanent injunction against the defendant regarding the excavation of soil. The defendant was also ordered to return the property to its original state.
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction against the defendant and mandatory injunction to reclaim the property.
Case Type
Injunction
Final Judgment
No
The court ruled in favor of the plaintiff, granting him a permanent injunction against the defendant regarding the excavation of soil. The defendant was also ordered to return the property to its original state.
Why Plaintiff Won:
The plaintiff proved his case with cogent and reliable evidence.
Losing Side's Weaknesses:
The plaintiff proved his case with cogent and reliable evidence.
Supporting Evidence
I find no reason to disbelieve PW.1. Therefore, I am satisfied that the plaintiff has proved his case by adducing cogent and reliable evidence.

Judgment Evidence:

In the result, the suit is decreed as follows; I. The defendant and his men are restrained, by way of permanent prohibitory injunction, from excavating soil so as to affect the lateral support to the plaint schedule property and the structures therein.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Marakkar
Party Age
65
Relation
S/o
Party Role
Defendant
Party Name
Abdul Kareem Azad
Party Age
55
Relation
S/o
Plaintiffs Documents
Kanam Assignment Deed No. 1617/1980, Kanam Assignment Deed No. 2809/1984
Defendants Documents
Nil

Advocates

Party Role
Plaintiff
Advocate Name
Sri.Riyas.V.T.
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Sri.Vivek.P.
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
Sri. Dinesh Pookkayil
Appearance Type
Main Counsel

Reliefs

Relief Type: Permanent Injunction
Outcome: Granted
Description:
The defendant is permanently prohibited from excavating soil affecting the plaintiff's property.
Evidence:
The defendant and his men are restrained, by way of permanent prohibitory injunction, from excavating soil so as to affect the lateral support to the plaint schedule property and the structures therein.
Relief Type: Permanent Injunction
Outcome: Granted
Description:
The defendant is permanently prohibited from interfering with the plaintiff's possession and enjoyment of the property.
Evidence:
The defendant and his men are further restrained by way of permanent prohibitory injunction from interfering with the peaceable possession and enjoyment of the plaint schedule property, by the plaintiff.
Relief Type: Mandatory Injunction
Outcome: Granted
Description:
The defendant is directed to reclaim the excavated property.
Evidence:
The defendant is directed by way of mandatory injunction to reclaim the property to its original position by filling up the pit, having depth of 6-8 feet, situates on the eastern side of the property.
Relief Type: Other
Outcome: Granted
Description:
The plaintiff is entitled to recover costs from the defendant.
Evidence:
Plaintiff is entitled to realize the costs of the suit from the defendant.

Documents & Evidence

Document Type: Kanam Assignment Deed
Submitted By: Plaintiff
Relevance:
Document establishing the plaintiff's ownership of the plaint A schedule property.
Reference:
Ext.A1
Document Type: Kanam Assignment Deed
Submitted By: Plaintiff
Relevance:
Document supporting the plaintiff's claim to the property.
Reference:
Ext.A2
Document Type: Commission Report
Submitted By: Court
Relevance:
Report submitted by the Advocate Commissioner relevant to the case.
Reference:
Ext.C1
Document Type: Commission Plan
Submitted By: Court
Relevance:
Plan submitted by the Advocate Commissioner relevant to the case.
Reference:
Ext.C2

Case Classification

Case Type
Injunction
Category
Other Civil Cases
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Case Code
Case between Marakkar vs Abdul Kareem Azad regarding Injunction
Case Code Year
Case between Marakkar vs Abdul Kareem Azad regarding Injunction

Quick Facts

Location
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Case Filed
Case Closed
From
Thu, 08/01/2019 - 12:00
To
Sat, 08/31/2019 - 12:00
Outcome Confidence
100%

Involved Entities

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