Case Summary
The plaintiff, Bineesh, filed a suit against Thekkedath Sreenivasan Nair and others regarding access to a pathway serving his property. The defendants were absent during the hearing and raised claims over the pathway.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction against trespassing and obstruction from the defendants.
Case Type
Civil Suit
Final Judgment
No
The suit was decreed in favor of the plaintiff, granting him declaration over the property and an injunction against the defendants.
Why Plaintiff Won:
Plaintiff established his legal right to the pathway.
Plaintiff established his legal right to the pathway.
Losing Side's Weaknesses:
Plaintiff established his legal right to the pathway.
Plaintiff established his legal right to the pathway.
Supporting Evidence
Hence I find that the plaintiff is entitled for the reliefs as prayed for. The issues are answered in favour of the plaintiff.
Judgment Evidence:
In the result, the suit is decreed as follows: 1. It is hereby declared that plaint A schedule property belongs to the plaintiff and that plaint B schedule property is the only access to the said property. 2. The defendants are restrained by permanent prohibitory injunction from trespassing into plaint A schedule property or obstructing plaint B schedule pathway.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Bineesh
- Party Age
- 48
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Thekkedath Sreenivasan Nair
- Party Age
- 66
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Vijayan Nair
- Party Age
- 65
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Rahul
- Party Age
- 34
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sobha
- Party Age
- 50
- Relation
- W/o
Plaintiffs Documents
Certified copy of Jenmam assignment deed No.2520/2014, Land tax receipt.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Smt.Lakshmi.K
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt.Rugmini.K
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.Razal Rahiman
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Smt.Jyothi.R
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Declaration
Outcome:
Granted
Description:
It is hereby declared that plaint A schedule property belongs to the plaintiff.
Evidence:
I find that the plaintiff is entitled for the reliefs as prayed for.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
The defendants are restrained by permanent prohibitory injunction from trespassing into plaint A schedule property or obstructing plaint B schedule pathway.
Evidence:
I find that the suit is only to be decreed.
Relief Type:
Other
Outcome:
Granted
Description:
The plaintiff is entitled to realise the cost of the suit from defendant No. 2 to 5.
Evidence:
The costs shall follow the event.
Documents & Evidence
Document Type:
Title deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Jenmam assignment deed No.2520/2014 of SRO Chellanur executed by Sreenivasan Nair in favour of Bineesh.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Land tax receipt issued by Chellannur Village Officer in the name of Bineesh.
Reference:
Ext.A2
Document Type:
Decree
Submitted By:
Court
Relevance:
Certified copy of Decree in OS 903/2014 of Prl.Munsiff Court-1, Kozhikode.
Reference:
Ext.A3
Document Type:
Judgment
Submitted By:
Court
Relevance:
Certified copy of Judgment in OS 903/2014 of Prl.Munsiff Court-1, Kozhikode.
Reference:
Ext.A4
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report filed by Adv. Harsha.C.
Reference:
Ext.C1
Document Type:
Sketch
Submitted By:
Court
Relevance:
Sketch filed by Adv. Harsha.C.
Reference:
Ext.C1(a)
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 1 Kozhikode
Common Reasons
Unauthorized occupation
Case Code
Case between Bineesh vs Thekkedath Sreenivasan Nair et al regarding declaration of right and injunction.
Case Code Year
Case between Bineesh vs Thekkedath Sreenivasan Nair et al regarding declaration of right and injunction.