Case Summary
Muraleedharan filed a suit against Premanandan and others regarding a boundary dispute and injunction related to property access. The plaintiff claims trespass by the defendants on the access way to his property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction from trespassing and committing acts of waste on the plaint schedule property.
Case Type
Civil Suit
Final Judgment
No
The court dismissed OS 447/19 and decreed OS 310/20, restricting the defendants from trespassing upon the plaint schedule property and allowing the plaintiff to recover costs.
Why Plaintiff Won:
The plaintiff established rights over the property and that the defendants had previously trespassed.
The plaintiff established rights over the property and that the defendants had previously trespassed.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The contention of PW1 is that the defendants have trespassed upon plaint C schedule property and thereby reduced the width of plaint C schedule property which is used as an access to plaint A and B schedule property. PW1 had also prayed for restoring plaint C schedule property to its prior state.
Judgment Evidence:
In the result, OS 447/19 is dismissed. O.S 310/20 is decreed as follows: 1. The defendants are restrained by a decree of permanent prohibitory injunction from trespassing upon plaint schedule property and from committing acts of wastes therein and from destroying the compound wall situated in it.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Muraleedharan
- Party Age
- 52
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Haridasan
- Party Age
- 57
- Relation
- PA Holder
- Party Role
- Defendant
- Party Name
- Premanandan
- Party Age
- 65
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Lohithakshan
- Party Age
- 57
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Prakashini
- Party Age
- 55
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Anju
- Party Age
- 32
- Relation
- D/o
Plaintiffs Documents
Settlement deed No.1636/2006, Kanam assignment deed No.1458/1976, Jenmam assignment deed No.262/2019, Tax receipt
Defendants Documents
Jenmam assignment deed No.262/2019, various complaints filed, FIR No.687/2020
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.PT Rajesh
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt.Rajisha O
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.Anoop K
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.Vishnu Yuvaraj
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Refused
Description:
The plaintiff sought for a mandatory injunction to restore plaint C schedule property to its prior state.
Evidence:
In the absence of any other evidence, the reliefs as sought for by PW1 cannot be granted.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
The defendants were restrained by a decree of permanent prohibitory injunction from trespassing upon plaint schedule property.
Evidence:
OS 310/20 is decreed as follows: 1.The defendants are restrained by a decree of permanent prohibitory injunction from trespassing upon plaint schedule property.
Documents & Evidence
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
Notary attested power of attorney executed by Muraleedharan in favour of Haridasan
Reference:
Ext.A1
Document Type:
Kanam Assignment Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Kanam assignment deed No.1458/1976 of SRO West Hill executed by Velayudhan in favour of Ammukutty Amma
Reference:
Ext.A2
Document Type:
Jenmam assignment deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Jenmam assignment deed No.262/2019 of SRO West Hill executed by Lohithakshan and others in favour of Anju
Reference:
Ext.A3
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Copy of settlement deed No.1636/06 of SRO West Hill executed by Indrani in favour of Muraleedharan
Reference:
Ext.A4
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Tax receipt issued by Puthiyangadi Village Officer in favour of Muraleedharan
Reference:
Ext.A5
Document Type:
Jenmam assignment deed
Submitted By:
Defendant
Relevance:
Certified copy of Jenmam assignment deed No.262/2019 of SRO West Hill executed by Lohithakshan and others in favour of Anju
Reference:
Ext.B1
Document Type:
Land Tax Receipt
Submitted By:
Defendant
Relevance:
Land tax receipt issued by Puthiyangadi Village Officer to Anju
Reference:
Ext.B2
Document Type:
Possession Certificate
Submitted By:
Defendant
Relevance:
Possession certificate issued by Puthiyangadi Village Officer to Premanandhan
Reference:
Ext.B3
Document Type:
Location Certificate
Submitted By:
Defendant
Relevance:
Location certificate issued by Puthiyangadi Village Officer to Anju K
Reference:
Ext.B4
Document Type:
Location Sketch
Submitted By:
Defendant
Relevance:
Location sketch issued by Puthiyangadi Village Officer
Reference:
Ext.B5
Document Type:
Complaint
Submitted By:
Defendant
Relevance:
Copy of complaint(PLP) filed by Muraleedharan before Kozhikode Legal Service Authority
Reference:
Ext.B6
Document Type:
Counter
Submitted By:
Defendant
Relevance:
Copy of counter in PLP(D) No.5407/2019 filed before Kozhikode Legal Service Authority by R1 to R3
Reference:
Ext.B7
Document Type:
Plaint
Submitted By:
Defendant
Relevance:
Copy of plaint in OS 447/2019 filed before Munsiff’s Court-1, Kozhikode
Reference:
Ext.B8
Document Type:
Written Statement
Submitted By:
Defendant
Relevance:
Copy of written statement in OS 447/2019 filed by D1 to D4 before Munsiff’s Court-1, Kozhikode
Reference:
Ext.B9
Document Type:
Complaint
Submitted By:
Defendant
Relevance:
Copy of complaint filed by Anju K before Elathur Police Station
Reference:
Ext.B10
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report with plan filed by Adv.Sreekanth Swarup, Advocate Commissioner
Reference:
Ext.C1
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commissioner report with Plan filed by Adv. Sudheesh Kumar P
Reference:
Ext.C2
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 1 Kozhikode
Common Reasons
Boundary Dispute
Case Code
Case between Muraleedharan vs Premanandan et al regarding fixation of boundary and injunction
Case Code Year
Case between Muraleedharan vs Premanandan et al regarding fixation of boundary and injunction