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ORIGINAL SUIT NO. 369 OF 2015

Case between Abdu Sathar vs Pallath Saidalavi regarding permanent prohibitory injunction

Court
Court of the Munsiff of Tirur
Judge
Smt. Vincy.T.V.
Order Date
2018-03-17
Duration
2 years 11 months 1 day
Case Closed
Sat, 03/17/2018 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

Abdu Sathar filed a suit against Pallath Saidalavi seeking permanent prohibitory injunction to prevent obstruction of construction of a wall on the southern side of the property.

Judgment Outcome

Plaintiff Won
Interim Order
The court granted a permanent prohibitory injunction restraining the defendant from obstructing the plaintiff from constructing a wall on the southern side of the property and interfering with the plaintiff's peaceful possession.
Judgment Favored
Plaintiff
Relief Granted
Permanent Prohibitory Injunction
Case Type
Civil Suit - Permanent Prohibitory Injunction
Final Judgment
No
The court granted a permanent prohibitory injunction restraining the defendant from obstructing the plaintiff from constructing a wall on the southern side of the property and interfering with the plaintiff's peaceful possession.
Why Plaintiff Won:
Defendant obstructed plaintiff's construction activities and possessed no right title or interest over the property.
Losing Side's Weaknesses:
Defendant obstructed plaintiff's construction activities and possessed no right title or interest over the property.
Supporting Evidence
The plaintiff proved his case with cogent and reliable evidence.

Judgment Evidence:

In the result the suit is decreed as follows:- Defendant and his men are restrained by way of permanent prohibitory injunction from obstructing the plaintiff from constructing the wall in the southern side of the plaint schedule property leaving four feet for edavazhi, and restrained the defendant from obstructing the plaintiff in his peaceful possession of the property.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Abdu Sathar
Party Age
43
Relation
S/o. Abdurahimankutty
Party Role
Defendant
Party Name
Pallath Saidalavi
Party Age
49
Relation
S/o. Moideen Bava
Plaintiffs Documents
Jenm Assignment deed No: 3860/2008, Copy of Commissioner's report, Judgment in CMA. 2/2011
Defendants Documents
Not available

Advocates

Reliefs

Relief Type: Permanent Prohibitory Injunction
Outcome: Granted
Description:
Defendant and his men are restrained from obstructing plaintiff's construction activities and interfering with peaceful possession.
Evidence:
In the result the suit is decreed as follows:- Defendant and his men are restrained by way of permanent prohibitory injunction from obstructing the plaintiff from constructing the wall in the southern side of the plaint schedule property leaving four feet for edavazhi, and restrained the defendant from obstructing the plaintiff in his peaceful possession of the property.

Documents & Evidence

Document Type: Jenm Assignment Deed
Submitted By: Plaintiff
Relevance:
Transfer of property to plaintiff
Reference:
Ext.A1
Document Type: Commissioner's Report and Plan
Submitted By: Plaintiff
Relevance:
Inspection of property boundaries
Reference:
Ext.A2
Document Type: Certified Copy of Judgment
Submitted By: Plaintiff
Relevance:
Judgment in CMA. 2/2011
Reference:
Ext.A3
Document Type: Commission Report
Submitted By: Court
Relevance:
Report on property inspections
Reference:
Ext.C1
Document Type: Plan
Submitted By: Court
Relevance:
Property layout
Reference:
Ext.C2

Case Classification

Case Type
Civil Suit - Permanent Prohibitory Injunction
Category
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Case Code
Case between Abdu Sathar vs Pallath Saidalavi regarding permanent prohibitory injunction
Case Code Year
Case between Abdu Sathar vs Pallath Saidalavi regarding permanent prohibitory injunction

Quick Facts

Location
Tirur
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Case Filed
Mon, 03/16/2015 - 12:00
Case Closed
Sat, 03/17/2018 - 12:00
From
Thu, 03/01/2018 - 12:00
To
Sat, 03/31/2018 - 12:00
Outcome Confidence
90%

Involved Entities

Private Individual

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