Case Summary
Mohanan is the plaintiff seeking a permanent prohibitory injunction against Souda. P.C and Aboobacker. The case involves a dispute over access to a pathway that the plaintiff claims is essential for reaching his property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendants and their men are restrained from trespassing into the plaint B schedule property in any manner or tampering with the boundaries.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit, restraining the defendants from trespassing and dumping waste on the plaintiff's property.
Why Plaintiff Won:
The case of the plaintiff stands proved from the affidavit and evidence submitted.
The case of the plaintiff stands proved from the affidavit and evidence submitted.
Losing Side's Weaknesses:
The case of the plaintiff stands proved from the affidavit and evidence submitted.
The case of the plaintiff stands proved from the affidavit and evidence submitted.
Supporting Evidence
Nothing before this court to disbelieve the evidence put forth by the plaintiff. Hence it is necessary to pass an order of injunction to restrain the highhanded acts of defendants.
Judgment Evidence:
In the result, suit is decreed as follows: 1The defendants and their men are restrained from trespassing into the plaint B schedule property in any manner or tampering with the boundaries or reducing the existing width as mentioned in the plaint B schedule property in any manner.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Mohanan
- Party Age
- 52
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Souda. P.C
- Party Age
- 40
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Aboobacker
- Party Age
- 72
- Relation
- S/o
Plaintiffs Documents
Copy of Janmam Assignment Deed No. 1207/2020, Certificate issued from Kunnamangalam Co-Operative Rural Bank, Copy of Commission Report in OS. 6/1996, Copy of Judgment in OS. 6/1996 of Additional Munsiff Court- II,Kozhikode.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. T.K. Shibu
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- V.P. Basheer
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Defendants are restrained from trespassing into plaint B schedule property and making impediments.
Evidence:
In the result, suit is decreed as follows: The defendants and their men are restrained from trespassing into the plaint B schedule property in any manner or tampering with the boundaries.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Defendants are restrained from dumping waste or making impediments on the plaint B schedule property.
Evidence:
The defendants and their men are restrained from dumping any waste, stones, or filthy soil on the plaint B schedule property or making any impediments in any manner for the peaceful use of the plaint B schedule pathway by the plaintiff.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Proves ownership of plaint A schedule property.
Reference:
Ext.A1
Document Type:
Commission Report
Submitted By:
Plaintiff
Relevance:
Confirms the pathway access to the plaint B schedule property.
Reference:
Exts.A2 to A6
Document Type:
Judgment
Submitted By:
Court
Relevance:
Details previous judgment relevant to the case.
Reference:
Ext.A6
Document Type:
Complaint
Submitted By:
Plaintiff
Relevance:
Records the complaint made by the plaintiff against the defendants.
Reference:
Ext.A8
Document Type:
Complaint
Submitted By:
Plaintiff
Relevance:
Documents another complaint filed by the plaintiff.
Reference:
Ext.A9
Document Type:
Receipt
Submitted By:
Plaintiff
Relevance:
Confirms the complaint was received by police authorities.
Reference:
Ext.A10
Document Type:
Photos
Submitted By:
Plaintiff
Relevance:
Visual evidence supporting plaintiff's claims.
Reference:
Exts.A11(a) to A11(f)
Case Classification
Case Type
Civil Suit
Category
Injunction and Access Rights
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Case Code
Case between Mohanan vs Souda. P.C et al regarding permanent prohibitory injunction.
Case Code Year
Case between Mohanan vs Souda. P.C et al regarding permanent prohibitory injunction.