Case Summary
Dileep Kumar filed a suit against Sunil Kumar for a permanent prohibitory injunction concerning a property dispute. The case involves issues of shared property rights and unlawful attempts to access a well.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant restrained from trespassing and accessing water from the well.
Case Type
Civil Suit
Final Judgment
No
The suit was decreed in favor of the plaintiff, restraining the defendant from trespassing and unlawfully accessing the well. The plaintiff is entitled to costs from the defendant.
Why Plaintiff Won:
Evidence presented by the plaintiff was unchallenged and there was no contra evidence.
Evidence presented by the plaintiff was unchallenged and there was no contra evidence.
Losing Side's Weaknesses:
Evidence presented by the plaintiff was unchallenged and there was no contra evidence.
Evidence presented by the plaintiff was unchallenged and there was no contra evidence.
Supporting Evidence
Plaintiff was examined as PW1. Exts.A1 to A3 were marked. The plaintiff's evidence stands unchallenged. There is no contra evidence to disbelieve the evidence tendered by PW1.
Judgment Evidence:
In the result, the suit is decreed as follows: 1) That the defendant is hereby restrained from trespassing into the plaint A schedule property and from taking water from the well situated in the plaint A schedule property and from committing any act of wastes therein.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Dileep Kumar
- Party Age
- 61
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sunil kumar
- Party Age
- 53
- Relation
- S/o
Plaintiffs Documents
Release Deed No.1728/2014, Release deed No.1729/2014, Land Tax receipt
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. G. Manohar Lal
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Smt. Athira A.V
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Defendant is restrained from trespassing into the plaint A schedule property and from taking water from the well situated in the plaint A schedule property.
Evidence:
In the result, the suit is decreed as follows: 1)That the defendant is hereby restrained from trespassing into the plaint A schedule property and from taking water from the well situated in the plaint A schedule property and from committing any act of wastes therein.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff is entitled to realise costs from the defendant.
Evidence:
2)The plaintiff is entitled to realise costs from the defendant.
Documents & Evidence
Document Type:
Release deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Release Deed No.1728/2014 executed by Prasanna and others in favour of Sunil Kumar and others.
Reference:
Ext.A1
Document Type:
Release deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Release Deed No.1729/2014 executed by Prasanna and others in favour of Sunil Kumar.
Reference:
Ext.A2
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Land Tax receipt issued by Puthiyangadi Village Office to Prasanna and others.
Reference:
Ext.A3
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission Report submitted by Vishnupriya.
Reference:
Ext.C1(series)
Document Type:
Additional Commission Report
Submitted By:
Court
Relevance:
Additional Commission Report submitted by Vishnupriya.
Reference:
Ext.C2(series)
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 Dileep Kumar vs Sunil kumar regarding permanent prohibitory injunction
Case Code Year
Case between Dileep Kumar vs Sunil kumar regarding permanent prohibitory injunction