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
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.
The plaintiff proved his case with cogent and reliable evidence.
Losing Side's Weaknesses:
The plaintiff proved his case with cogent and reliable evidence.
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