Case Summary
The plaintiff, Tharavattath Mariyam, seeks a permanent prohibitory and mandatory injunction against the defendants who have allegedly trespassed into the plaint schedule property. The plaintiff claims that they caused damage to the Srambi building managed by the committee, which includes the plaintiff.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction and mandatory injunction to rebuild the boundary wall of the Srambi building.
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiff and granted a permanent prohibitory and mandatory injunction against the defendants. The defendants are ordered to rebuild the boundary wall of the Srambi building and are restrained from trespassing.
Why Plaintiff Won:
The plaintiff's case remained unchallenged as the defendants were proceeded against ex parte.
The plaintiff's case remained unchallenged as the defendants were proceeded against ex parte.
Losing Side's Weaknesses:
The plaintiff's case remained unchallenged as the defendants were proceeded against ex parte.
The plaintiff's case remained unchallenged as the defendants were proceeded against ex parte.
Supporting Evidence
The suit is decreed with costs as the defendants are proceeded ex parte and the plaintiff's claims were unchallenged.
Judgment Evidence:
In the result, the suit is decreed with costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- THARAVATTATH MARIYAM
- Party Age
- 65
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- C. K. NASAR
- Party Age
- 45
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- MAMMATH AZEEZ
- Party Age
- 55
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- KODIKANDI MODIU
- Party Age
- 55
Plaintiffs Documents
Certified copy of Partition Deed No. 467/1961 of SRO, Nadapuram.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. N. M. Kuttikrishnan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Defendants are restrained from trespassing into the plaint schedule property and from cutting any portion of the same for widening the road.
Evidence:
The defendants, their men or agents are restrained by a decree of permanent prohibitory injunction from trespassing into the plaint schedule property and from cutting any portion of the same for widening the road.
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
Directing the defendants to rebuild the boundary wall of the Srambi building with the portion cut down from the property.
Evidence:
A Mandatory Injunction is passed directing the defendants to rebuild the boundary wall of the Srambi building with the portion cut down from the property within a period of one month from the date of decree.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff is entitled to get the costs of the suit from the defendants.
Evidence:
The plaintiff is entitled to get the costs of the suit from the defendants.
Documents & Evidence
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Partition Deed No. 467/1961 of SRO, Nadapuram, establishing ownership of the plaint schedule property.
Reference:
Ext.A1
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission reports and plans related to the examination of the plaint schedule property and the situation of the Srambi building.
Reference:
Ext.C1 to C4
Case Classification
Case Type
Civil Suit
Category
Injunction and Access Rights
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court, Nadapuram
Common Reasons
Case Code
Case between THARAVATTATH MARIYAM vs C. K. NASAR et al regarding Permanent Prohibitory and Mandatory Injunction
Case Code Year
Case between THARAVATTATH MARIYAM vs C. K. NASAR et al regarding Permanent Prohibitory and Mandatory Injunction