Case Summary
Plaintiffs seek mandatory injunction against defendant for encroaching on their property and construction without right. Defendant remains ex-parte, plaintiff presents evidence for ownership and encroachment.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Mandatory Injunction, Recovery of Possession
Case Type
Civil Suit - Mandatory Injunction, Perpetual Injunction
Final Judgment
No
Why Plaintiff Won:
As the defendant opted to remain ex-parte, the evidence presented by the plaintiff remains unchallenged, proving ownership and encroachment.
As the defendant opted to remain ex-parte, the evidence presented by the plaintiff remains unchallenged, proving ownership and encroachment.
Judgment Evidence:
The suit is decreed as follows: (a) The defendant is directed by a mandatory injunction to demolish the varambu constructed by him as shown in the sketch within 2 months from today. (b) The defendant is directed to give possession of the plaint 'B' schedule property within 2 months from today. (c) The defendant is restrained from making encroachments or improvements in the 'B' schedule property.
Parties Involved
Plaintiffs
Vadakke Painkal Muhammed Haji (55 years)
Kattiparuthi amsom, desom, Tirur Taluk
Defendants
Chembra Chanthu (45 years)
Naduvattom amsom, Chellur desom, Tirur Taluk
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
Demolition of encroached structures
Evidence:
The defendant is directed by a mandatory injunction to demolish the varambu constructed by him as shown in the sketch within 2 months.
Relief Type:
Recovery of Possession
Outcome:
Granted
Description:
Restoration of possession of plaint 'B' schedule property
Evidence:
The defendant is directed to give possession of the plaint 'B' schedule property within 2 months from today.
Documents & Evidence
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Proved ownership and tax payments.
Reference:
Nil
Document Type:
Photocopy of Jenm Assignment Deed
Submitted By:
Plaintiff
Relevance:
Evidence of ownership and encroachment.
Reference:
Ext.A1, Ext.A2, Ext.A3, Ext.A6
Document Type:
Estimate Form
Submitted By:
Plaintiff
Relevance:
Property details related to the case.
Reference:
Ext.A4, Ext.A5
Document Type:
Commissioner Report
Submitted By:
Court
Relevance:
Reports on property measurements and observations.
Reference:
Ext.C1, Ext.C3
Document Type:
Plan
Submitted By:
Court
Relevance:
Survey plan of the disputed property.
Reference:
Ext.C2, Ext.C4