P.B.SURESH KUMAR
KANHANGAD MUNICIPALITY – Appellant
Versus
AMINA – Respondent
P.B. SURESH KUMAR, J.
1. The first defendant in a suit for injunction, both prohibitory as well as mandatory, is the appellant. The plaint A schedule property belongs to the plaintiff and her children namely Faizal, Haris, Nazeer and Saleem. The plaint B schedule property is a portion of the plaint A schedule property. The first defendant is the Municipality within which the plaint schedule properties are situated. The second defendant is a contractor of the first defendant. The case of the plaintiff is that as directed by the first defendant, the second defendant has trespassed into a portion of the plaint A schedule property and formed a road through the same. The portion of the plaint A schedule property through which the road was formed is shown in the plaint as the plaint B schedule property. The plaintiff, therefore, claimed a decree of mandatory injunction directing the defendants to restore the plaint B schedule property to its original position. A decree of permanent prohibitory injunction restraining the defendants from trespassing into the plaint schedule properties was also sought by the plaintiff. The defendants resisted the suit by filing a written statement.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.