Case Summary
The plaintiff, NK Rajesh, seeks a permanent prohibitory injunction against Valappil Thazhath Manoj Kumar and others, claiming obstruction to access his property. The defendants argue that the plaintiff's claims about the property boundaries and access rights are false.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court dismissed the suit filed by NK Rajesh, ruling that he was not entitled to a permanent prohibitory injunction against the defendants due to lack of evidence establishing his claims.
Key Reasoning:
Why Defendant Won:
Supporting Evidence
In the absence of identification of plaint B schedule property, this court is not justified in granting injunction in respect of plaint B schedule property.
Judgment Evidence:
Hence, the suit is dismissed. Parties are directed to bear their respective costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- NK Rajesh
- Party Age
- 46
- Relation
- S/o.
- Party Role
- Defendant
- Party Name
- Valappil Thazhath Manoj Kumar
- Party Age
- 52
- Relation
- S/o.
- Party Role
- Defendant
- Party Name
- Moosari Vayalil Ramakrishnan
- Party Age
- 75
- Relation
- S/o.
- Party Role
- Defendant
- Party Name
- Lathika
- Relation
- W/o.
- Party Role
- Defendant
- Party Name
- Ratheesh
- Party Age
- 43
- Relation
- S/o.
- Party Role
- Defendant
- Party Name
- Rekha
- Party Age
- 40
- Relation
- D/o.
Plaintiffs Documents
Jenmam sale deed No. 1816/2008, Land tax receipt issued by Elathur Village Officer to NK Rajesh, Sketch No.1751/22 prepared by Elathur Village Officer.
Defendants Documents
Certified copy of settlement deed no.5131/06 of SRO, Kakkodi executed by Kamala and another in favour of Manoj Kumar, Copy of Joint ozhimuri assignment deed No.1772/13 of SRO, Kakkodi executed by VT Lathika and others in favour of VT Manoj Kumar.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.KP Mayan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri.PN Sreeraj
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.Premdeep Mahesh
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Refused
Description:
The plaintiff sought a permanent prohibitory injunction against the defendants.
Evidence:
In the result, the suit is dismissed.
Documents & Evidence
Document Type:
Jenmam assignment deed
Submitted By:
Plaintiff
Relevance:
Proves the plaintiff's purchase of the plaint A schedule property.
Reference:
Ext.A1
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Serves as evidence of the plaintiff's ownership of the plaint A schedule property.
Reference:
Ext.A2
Document Type:
Sketch
Submitted By:
Plaintiff
Relevance:
Illustrates the layout of the properties in question.
Reference:
Ext.A3
Document Type:
Settlement Deed
Submitted By:
Defendant
Relevance:
Establishes the defendants’ claim of property ownership.
Reference:
Ext.B1
Document Type:
Joint ozhimuri assignment deed
Submitted By:
Defendant
Relevance:
Supports the defendants' argument regarding the property transfer.
Reference:
Ext.B2
Document Type:
Certificate
Submitted By:
Defendant
Relevance:
Provides additional evidence regarding the defendants' ownership.
Reference:
Ext.B3
Document Type:
Land Tax Receipt
Submitted By:
Defendant
Relevance:
Serves as proof of the defendant's property ownership.
Reference:
Ext.B4
Document Type:
Land Tax Receipt
Submitted By:
Defendant
Relevance:
Further proof of the defendant’s ownership and connection to the property.
Reference:
Ext.B5
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Details the findings of the property inspection relevant to the case.
Reference:
Ext.C1
Document Type:
Commission Plan
Submitted By:
Court
Relevance:
Visual representation of the commission report findings.
Reference:
Ext.C1(a)
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 1 Kozhikode
Common Reasons
Case Code
Case between NK Rajesh vs Valappil Thazhath Manoj Kumar et al regarding permanent prohibitory injunction.
Case Code Year
Case between NK Rajesh vs Valappil Thazhath Manoj Kumar et al regarding permanent prohibitory injunction.