Case Summary
The plaintiff, Shibu, is seeking a permanent prohibitory injunction against the first defendant, Muhammed, who is attempting to construct illegally on the plaint B schedule property. The second defendant, the Secretary of Calicut Corporation, has not taken action regarding this matter.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The 1st defendant is restrained from making or creating any type of construction in plaint B schedule property without obtaining prior license and permit from the 2nd defendant and is directed to pay the cost of the suit to the plaintiff.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, restraining the first defendant from constructing on the plaint B schedule property without the necessary permits.
Why Plaintiff Won:
The uncontroverted evidence of the plaintiff and the documents produced are sufficient to grant the decree.
The uncontroverted evidence of the plaintiff and the documents produced are sufficient to grant the decree.
Losing Side's Weaknesses:
The uncontroverted evidence of the plaintiff and the documents produced are sufficient to grant the decree.
The uncontroverted evidence of the plaintiff and the documents produced are sufficient to grant the decree.
Supporting Evidence
The uncontroverted evidence of plaintiff and the documents produced are sufficient to grant the decree.
Judgment Evidence:
In the result, The suit is decreed as follows: The 1st defendant is restrained from making or creating any type of construction in plaint B schedule property without obtaining prior license and permit from the 2nd defendant.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Shibu
- Party Age
- 49
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Muhammed
- Party Age
- 52
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- The Secretary, Calicut Corporation
Plaintiffs Documents
Copy of Settlement deed No. 3957/2005 of SRO, Chevayur, Copy of complaint filed before 2nd defendant by plaintiff, Original receipt issued from Kozhikode Corporation, Copy of Land Tax receipts issued by village officer, Chelavoor.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. T. V. Sunil Kumar Basu
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. Irshad P.P
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Muhammed Shameem Paksan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- K.S. Rajagopalan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
The 1st defendant is restrained from making or creating any type of construction in plaint B schedule property without obtaining prior license and permit from the 2nd defendant.
Evidence:
The 1st defendant is restrained from making or creating any type of construction in plaint B schedule property without obtaining prior license and permit from the 2nd defendant.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
The 1st defendant is restrained from making any illegal construction in the plaint B schedule property in violation of the existing rules and regulations.
Evidence:
The 1st defendant is restrained from making any illegal construction in the plaint B schedule property in violation of the existing rules and regulations.
Relief Type:
Cost
Outcome:
Granted
Description:
The 1st defendant is directed to pay the cost of the suit to the plaintiff.
Evidence:
The 1st defendant is directed to pay the cost of the suit to the plaintiff.
Documents & Evidence
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
This document establishes the plaintiff's ownership and right to the plaint A schedule property.
Reference:
Ext.A1
Document Type:
Complaint
Submitted By:
Plaintiff
Relevance:
This document shows the plaintiff's attempt to seek action against the defendant's construction activities.
Reference:
Ext.A2
Document Type:
Receipt
Submitted By:
Plaintiff
Relevance:
This document supports the plaintiff's claims regarding construction regulations.
Reference:
Ext.A3
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
This document further establishes the plaintiff's relationship to the property in question.
Reference:
Ext.A4
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 Shibu vs Muhammed et al regarding permanent prohibitory injunction
Case Code Year
Case between Shibu vs Muhammed et al regarding permanent prohibitory injunction