Case Summary
Surendran has filed a suit against Sathyapalan seeking a permanent prohibitory injunction related to his property. The case highlights a dispute over access to property and boundary issues.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
The plaintiff is directed to remove the blockage from the way on the eastern side of the defendant’s property within 45 days.
Case Type
Civil Suit
Final Judgment
No
The suit filed by Surendran was dismissed for default as he was absent during the proceedings. However, the counter claim by Sathyapalan was decreed.
Key Reasoning:
The counter claim was substantiated by the unchallenged testimony of the defendant and the documents produced during the proceedings.
The counter claim was substantiated by the unchallenged testimony of the defendant and the documents produced during the proceedings.
Why Defendant Won:
The counter claim was substantiated by the unchallenged testimony of the defendant and the documents produced during the proceedings.
The counter claim was substantiated by the unchallenged testimony of the defendant and the documents produced during the proceedings.
Supporting Evidence
The case of the counter claim plaintiff is proved by the unchallenged testimony of the DW1 and the documents produced by him.
Judgment Evidence:
In the result, the counter claim is decreed as follows: 1. The plaintiff is hereby directed to remove the blockage from the way on the eastern side of the defendant’s property within 45 days from today failing which the defendant shall be entitled to remove the same through the process of the court of law and realise the cost from the defendant. 2. The plaintiff their men and agents are restrained by permanent prohibitory injunction from obstructing the way to the defendant’s property and the lawful use and enjoyment of the same.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Surendran
- Party Age
- 64
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sathyapalan
- Party Age
- 65
- Relation
- S/o
Plaintiffs Documents
Deed No. 2683/1988, Deed No. 4882/1988, Deed No. 3320/1988 of SRO Chevayoor.
Defendants Documents
Deed No. 884/2020 of SRO Chevayor, Sketch of Defendants property, Photographs 4 Nos.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri V K Raveendran
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. P T Rajesh
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
The plaintiff is directed to remove the blockage from the way on the eastern side of the defendant’s property.
Evidence:
The plaintiff is hereby directed to remove the blockage from the way on the easterm side of the defendant’s property within 45 days from today.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
The plaintiff and their agents are restrained from obstructing the way to the defendant’s property.
Evidence:
The plaintiff their men and agents are restrained by permanent prohibitory injunction from obstructing the way to the defendant’s property and the lawful use and enjoyment of the same.
Relief Type:
Costs
Outcome:
Granted
Description:
The plaintiff shall pay the costs of the proceedings to the defendant.
Evidence:
The plaintiff shall pay costs of the proceedings to the defendant.
Documents & Evidence
Document Type:
Certified Copy Deed
Submitted By:
Defendant
Relevance:
This document establishes the ownership of the defendant's property.
Reference:
Ext.B1
Document Type:
Sketch of Defendants property
Submitted By:
Defendant
Relevance:
This sketch illustrates the geographical layout and boundaries of the defendant's property.
Reference:
Ext.B2
Document Type:
Photo Graphs
Submitted By:
Defendant
Relevance:
These photographs provide visual evidence related to the property dispute.
Reference:
Ext.B3 series
Document Type:
Commission Report
Submitted By:
Court
Relevance:
This commission report was considered to assess the property and situation addressed in the case.
Reference:
Ext.C1
Document Type:
Sketch
Submitted By:
Court
Relevance:
This sketch, created by the court commissioner, supports the visual understanding of the property boundaries.
Reference:
Ext.C1(a)
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Obstruction of access
Case Code
Case between Surendran vs Sathyapalan regarding permanent prohibitory injunction
Case Code Year
Case between Surendran vs Sathyapalan regarding permanent prohibitory injunction