Case Summary
Abdul Manzoor.P.P filed a suit against Edathil Balan and others for a perpetual prohibitory injunction to prevent them from changing the nature of a road that provides access to his property. The defendants were attempting to encroach upon this road, which is vital for access.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit, granting a permanent prohibitory injunction against the defendants to prevent them from encroaching on the road and obstructing access to the plaintiff's property.
Why Plaintiff Won:
The plaintiff's unchallenged evidence demonstrated apprehension of obstruction to property access.
The plaintiff's unchallenged evidence demonstrated apprehension of obstruction to property access.
Losing Side's Weaknesses:
The plaintiff's unchallenged evidence demonstrated apprehension of obstruction to property access.
The plaintiff's unchallenged evidence demonstrated apprehension of obstruction to property access.
Supporting Evidence
The unchallenged evidence of the plaintiff would prove the apprehension of the plaintiff. Hence, he is entitled to get a decree for injunction as prayed for.
Judgment Evidence:
In the result, suit is decreed with costs as follows: Defendants are hereby permanently restrained by a decree for permanent prohibitory injunction from restraining the defendants and their men from changing the nature of plaint B schedule road committing waste in the plaint B schedule road and from annexing the plaint B schedule road to the property of the defendants by reducing its width and from obstructing its motorable access.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Abdul Manzoor.P.P
- Party Age
- 45
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Edathil Balan
- Party Age
- 80
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Chandni Rani
- Party Age
- 47
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Ranjini
- Party Age
- 42
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Rajesh
- Party Age
- 37
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Ramesh @ Bosh
- Party Age
- 32
- Relation
- D/o
Plaintiffs Documents
Copy of partition deed No. 2046/2008, Copy of ozhimuri deed No. 2544/2013, Certificate from the Kozhikode District Co-operative Bank Limited, Copy of land tax receipt from Village Officer, Copy of complaint filed before SHO, Kasaba
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. K. Mujeeb Rahman
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- V.R. Jishara
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Dilkush.V.K
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Benazeera.K.P
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Defendants are permanently restrained from changing the nature of plaint B schedule road.
Evidence:
Hence, he is entitled to get a decree for injunction as prayed for.
Documents & Evidence
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
Shows the ownership and possession of the plaintiff in plaint A schedule property.
Reference:
Ext.A1
Document Type:
Ozhimuri deed
Submitted By:
Plaintiff
Relevance:
Shows ownership and possession details of the plaint A schedule property.
Reference:
Ext.A2
Document Type:
Certificate
Submitted By:
Plaintiff
Relevance:
Provides evidence of plaintiff's financial status related to the plaint A schedule property.
Reference:
Ext.A3
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Serves as evidence of the plaintiff maintaining tax obligations related to plaint A schedule property.
Reference:
Ext.A4
Document Type:
Complaint
Submitted By:
Plaintiff
Relevance:
Details the complaint filed regarding encroachment of the plaint B schedule road.
Reference:
Ext.A5
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Confirms the condition and width details of the plaint B schedule road.
Reference:
Ext.C1
Case Classification
Case Type
Civil Suit
Category
Injunction and Access Rights
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Unauthorized occupation
Case Code
Case between Abdul Manzoor.P.P vs Edathil Balan et al regarding perpetual prohibitory injunction
Case Code Year
Case between Abdul Manzoor.P.P vs Edathil Balan et al regarding perpetual prohibitory injunction