Case Summary
Karunakaran.P.V is the plaintiff seeking a permanent prohibitory injunction against the defendant, Chandran.K. The case involves a dispute over the right of lateral support for the plaintiff's property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendant is directed to construct a retaining wall with granite stone with reinforced concrete.
Case Type
Civil Suit
Final Judgment
No
The plaintiff's right of lateral support was affirmed, and the defendant was ordered to construct a retaining wall.
Why Plaintiff Won:
The ownership and possession of the plaintiffs over the plaint schedule property is proved by the exhibit A1 to A4 documents.
The ownership and possession of the plaintiffs over the plaint schedule property is proved by the exhibit A1 to A4 documents.
Losing Side's Weaknesses:
The ownership and possession of the plaintiffs over the plaint schedule property is proved by the exhibit A1 to A4 documents.
The ownership and possession of the plaintiffs over the plaint schedule property is proved by the exhibit A1 to A4 documents.
Supporting Evidence
The ownership and possession of the plaintiffs over the plaint schedule property is proved by the exhibit A1 to A4 documents and exhibit C1 series report and plan of the advocate commissioner.
Judgment Evidence:
It is hereby declared that the plaintiff has the right of lateral support for the plaint A schedule item No 1 and 2 property from the plaint B schedule property. The defendant is directed to construct a retaining wall with granite stone with reinforced concrete on the northern boundary line within the plaint B schedule property within 45 days from today.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Karunakaran.P.V
- Party Age
- 55
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Chandran.K
- Party Age
- 61
- Relation
- S/o
Plaintiffs Documents
Certified copy of Deed No.2845/2022, Certified copy of Deed No.2696/2007, Certified copy of Deed no. 4240/2002, Land Tax receipt issued by Village officer.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.Jaydeep.M
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Declaration
Outcome:
Granted
Description:
Declares the plaintiff's right of lateral support for the plaint A schedule property from the plaint B schedule property.
Evidence:
It is hereby declared that the plaintiff has the right of lateral support for the plaint A schedule item No 1 and 2 property from the plaint B schedule property.
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
Directs the defendant to construct a retaining wall on the northern boundary line of the plaint B schedule property.
Evidence:
The defendant is directed to construct a retaining wall with granite stone with reinforced concrete on the northern boundary line within the plaint B schedule property within 45 days from today.
Relief Type:
Costs
Outcome:
Granted
Description:
Requires the defendant to pay the costs of the proceeding to the plaintiff.
Evidence:
The defendant shall pay costs of the proceeding to the plaintiff.
Documents & Evidence
Document Type:
Certified Copy of Deed
Submitted By:
Plaintiff
Relevance:
Proves ownership and possession of the plaint schedule property.
Reference:
Ext.A1
Document Type:
Certified Copy of Deed
Submitted By:
Plaintiff
Relevance:
Proves ownership and possession of the plaint schedule property.
Reference:
Ext.A2
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
Proves ownership and possession of the plaint schedule property.
Reference:
Ext.A3
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Proves ownership and possession of the plaint schedule property.
Reference:
Ext.A4
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Supports the plaintiff's apprehension regarding the condition of access to the property.
Reference:
Ext.C1
Document Type:
Sketch by Advocate Commissioner
Submitted By:
Court
Relevance:
Provides visual evidence related to the condition of the property.
Reference:
Ext.C1(a)
Document Type:
Photograph
Submitted By:
Court
Relevance:
Provides visual evidence related to the condition of the property.
Reference:
Ext.C1(b)
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Non-payment of rent
Case Code
Case between Karunakaran.P.V vs Chandran.K regarding permanent prohibitory injunction.
Case Code Year
Case between Karunakaran.P.V vs Chandran.K regarding permanent prohibitory injunction.