Case Summary
Syed Mohammed Sadik and Suresh Babu. R.C are involved in a dispute regarding property encroachment and the rights to a pathway. The plaintiff claims that the defendant illegally encroached on property belonging to him and seeks judicial relief.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court dismissed OS.No.138/2019 and decreed OS.No.1863/2018 in favor of the defendant, restricting the plaintiffs from encroaching on the property.
Key Reasoning:
The defendant demonstrated a prima facie case and established the three essential conditions for granting a permanent injunction.
The defendant demonstrated a prima facie case and established the three essential conditions for granting a permanent injunction.
Why Defendant Won:
The defendant demonstrated a prima facie case and established the three essential conditions for granting a permanent injunction.
The defendant demonstrated a prima facie case and established the three essential conditions for granting a permanent injunction.
Supporting Evidence
DW1 has successfully established the three essential elements for the grant of a permanent injunction in his favour.
Judgment Evidence:
In the result: (a) OS.No.138/2019 stands dismissed. (b) OS.No.1863/2018 is decreed as follows: - (i) Let defendants 1 and 2 be perpetually restrained from trespassing onto the plaint 'A' schedule property or from encroaching upon any portion of the same.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Syed Mohammed Sadik
- Party Age
- 56
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Suresh Babu. R.C
- Party Age
- 66
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Syed Mohammed Sadik
- Party Age
- 54
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sulfath Sadik
- Party Age
- 45
- Relation
- W/o
Plaintiffs Documents
Original Sale deed No. 2723/2017, Tax receipt
Defendants Documents
Original Sale deed No. 2183/2002, Attested copy of Sale deed No. 3023/2007, Tax receipt
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Sreevaraham. G. Satheesh
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt. Archana. R.S
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. G.S. Sanal Kumar
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Refused
Description:
Plaintiff seeks a permanent prohibitory injunction against the defendant.
Evidence:
The court found that the plaintiff failed to provide sufficient evidence.
Relief Type:
Mandatory Injunction
Outcome:
Refused
Description:
Plaintiff seeks a mandatory injunction for the restoration of the plaint ‘C’ schedule pathway.
Evidence:
The court determined that the necessary conditions for granting the injunction were not met.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Defendants are to be permanently restrained from trespassing and encroaching on the property.
Evidence:
The court concluded that the defendants had demonstrated a prima facie case for their rights.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Establishes ownership of the plaint 'A' schedule property by the plaintiff.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Evidence of tax payment related to the plaint property.
Reference:
Ext.A2
Document Type:
Plan
Submitted By:
Plaintiff
Relevance:
Shows the layout of the plaint property.
Reference:
Ext.A3
Document Type:
Sale deed
Submitted By:
Defendant
Relevance:
Details the pathway as described by the defendant pertaining to the property.
Reference:
Ext.B1
Document Type:
Sale deed
Submitted By:
Defendant
Relevance:
Establishes ownership of the property by the defendant.
Reference:
Ext.B2
Document Type:
Tax receipt
Submitted By:
Defendant
Relevance:
Demonstrates tax payment for the property in question.
Reference:
Ext.B3
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Contains findings related to the encroachment issue.
Reference:
Ext.C1
Document Type:
Sketch
Submitted By:
Court
Relevance:
Provides a visual layout of the property involved.
Reference:
Ext.C1(a)
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Further evidence related to the encroachment involving the properties.
Reference:
Ext.C2
Document Type:
Sketch
Submitted By:
Court
Relevance:
Another visual representation related to the findings of the commission.
Reference:
Ext.C2(a)
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Case Code
OS.NO.
Case Code Year
2019