Case Summary
The case involves P.G.Gangadharan and M.K.Manjula as plaintiffs against K.Jayesh and Reena.C as defendants regarding a dispute over property and access to a pathway. The plaintiffs seek a mandatory injunction to restore their property and to prevent trespassing.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Mandatory injunction to restore plaint B schedule property and permanent prohibitory injunction against trespassing.
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiffs, directing the defendants to restore the property to its original state and restraining them from trespassing.
Why Plaintiff Won:
The evidence showed that the plaintiffs were entitled to a decree as prayed for.
The evidence showed that the plaintiffs were entitled to a decree as prayed for.
Losing Side's Weaknesses:
The evidence showed that the plaintiffs were entitled to a decree as prayed for.
The evidence showed that the plaintiffs were entitled to a decree as prayed for.
Supporting Evidence
The unchallenged evidence of PW1 and Ext.A1 to A5, C1 and C2 would show that the plaintiff is entitled to a decree as prayed for.
Judgment Evidence:
In the result the suit is decreed as follows: 1. The defendants are hereby directed by way of mandatory injunction to restore plaint B schedule property to its original state by demolishing the constructions in plaint B schedule property. 2. That the defendants are hereby restraining by way of permanent prohibitory injunction from trespassing into plaint A and B schedule property and committing any acts of wastes therein.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- P.G.Gangadharan
- Party Age
- 75
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- M.K.Manjula
- Party Age
- 71
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- K.Jayesh
- Party Age
- 43
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Reena.C
- Party Age
- 40
- Relation
- W/o
Plaintiffs Documents
Jenmam assignment deed No.904/2006, Photo copy of Jenmam assignment deed No.761/17, Photo copy of Complaint filed by Jayesh.K against P.G.Gangadharan, Copy of relevant page of complaint register issued by Elathur Police station.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.K.P.Gangadharan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.Nithin Sathyendran
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
The defendants are directed to restore plaint B schedule property by demolishing the constructions.
Evidence:
The defendants are hereby directed by way of mandatory injunction to restore plaint B schedule property to its original state by demolishing the constructions in plaint B schedule property.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
The defendants are restrained from trespassing into plaint A and B schedule property.
Evidence:
That the defendants are hereby restraining by way of permanent prohibitory injunction from trespassing into plaint A and B schedule property and committing any acts of wastes therein.
Relief Type:
Other
Outcome:
Granted
Description:
The defendant shall pay the costs of the suit.
Evidence:
The defendant shall pay the costs of the suit.
Documents & Evidence
Document Type:
Jenmam assignment deed
Submitted By:
Plaintiff
Relevance:
This document establishes the ownership of the plaint A schedule property by the plaintiffs.
Reference:
Ext.A1
Document Type:
Copy of the registered jenmam assignment deed
Submitted By:
Plaintiff
Relevance:
This document is relevant to the property transaction related to the plaint A schedule.
Reference:
Ext.A2
Document Type:
True copy of the complaint
Submitted By:
Plaintiff
Relevance:
This document is related to the police complaint filed by the 1st defendant against the 1st plaintiff.
Reference:
Ext.A3
Document Type:
Copy of the complaint register
Submitted By:
Plaintiff
Relevance:
This document provides evidence related to the police complaints.
Reference:
Ext.A4
Document Type:
Copy of the complaint register
Submitted By:
Plaintiff
Relevance:
This document also provides evidence regarding police complaints.
Reference:
Ext.A5
Document Type:
Interim Report
Submitted By:
Court
Relevance:
This report was submitted by the Advocate Commissioner regarding the property dispute.
Reference:
Ext.C1
Document Type:
Commission Report with Plan
Submitted By:
Court
Relevance:
This document contains the commissioner's report and plan related to the property.
Reference:
Ext.C2
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 P.G.Gangadharan et al vs K.Jayesh et al regarding mandatory injunction and permanent prohibitory injunction
Case Code Year
Case between P.G.Gangadharan et al vs K.Jayesh et al regarding mandatory injunction and permanent prohibitory injunction