Case Summary
TP Roopesh and NP Anusooya are the plaintiffs seeking a permanent prohibitory injunction against their neighbors, Prameela and Krishna Kumar, for illegal construction on adjacent property. The defendants have violated building rules, causing inconvenience to the plaintiffs.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction against defendants No. 1 and 2 from illegal construction.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiffs who are granted a permanent prohibitory injunction against the defendants regarding illegal construction. The court also orders that the defendants are restrained from continuing construction without proper approvals.
Why Plaintiff Won:
Plaintiffs provided unchallenged evidence showing illegal construction by defendants in violation of building rules.
Plaintiffs provided unchallenged evidence showing illegal construction by defendants in violation of building rules.
Losing Side's Weaknesses:
Plaintiffs provided unchallenged evidence showing illegal construction by defendants in violation of building rules.
Plaintiffs provided unchallenged evidence showing illegal construction by defendants in violation of building rules.
Supporting Evidence
The unchallenged evidence of PW1 and Ext.A1 to A3 would show that the plaintiff is entitled to a decree as prayed for.
Judgment Evidence:
In the result, the suit is decreed as follows: Defendants No. 1 and 2 are restrained by a decree of permanent prohibitory injunction from making any construction in plaint B schedule property in violation of the existing building rules and regulations and without plan and license from the 3rd defendant near to the boundary of plaint A schedule property without providing the mandatory distance from plaint A schedule property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- TP Roopesh
- Party Age
- 48
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- NP Anusooya
- Party Age
- 48
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Prameela
- Party Age
- 58
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Krishna Kumar
- Party Age
- 65
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- The Secretary
Plaintiffs Documents
Jenmam Assignment deed No.4643/2013, Tax receipt, Certified copy of settlement deed No.747/2008.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.Adv.TV Sunil Kumar
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri.Irshad PP
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.Srinath Girish
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.KS Rajagopalan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Defendants No. 1 and 2 are restrained from making any construction in plaint B schedule property.
Evidence:
Defendants No. 1 and 2 are restrained by a decree of permanent prohibitory injunction from making any construction in plaint B schedule property in violation of the existing building rules and regulations.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Defendant No. 3 is restrained from granting permit or license for the ongoing construction.
Evidence:
Defendant No. 3 are restrained from granting permit or licence to defendant No. 1 and 2 towards continuance of the construction of the present building.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiffs are entitled to receive costs of the suit from the defendants.
Evidence:
The plaintiffs are entitled to get the costs of the suit from the defendants.
Documents & Evidence
Document Type:
Jenmam assignment deed
Submitted By:
Plaintiff
Relevance:
Document establishes the plaintiffs' ownership of the property.
Reference:
Ext.A1
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Document demonstrates the plaintiffs' responsibility for property taxes.
Reference:
Ext.A2
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Document provides evidence of the defendants' ownership of adjacent property.
Reference:
Ext.A3
Case Classification
Case Type
Civil Suit
Category
Injunction and Access Rights
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 1 Kozhikode
Common Reasons
Violation of lease conditions
Case Code
Case between TP Roopesh et al vs Prameela et al regarding permanent prohibitory injunction
Case Code Year
Case between TP Roopesh et al vs Prameela et al regarding permanent prohibitory injunction