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Original Suit No. 170 OF 2017

Case between Abdul Rasheed vs Moideen @ Sainudheen, Ayisha, Aminummu regarding Injunction

Court
IN THE COURT OF THE MUNSIFF OF TIRUR
Judge
Sri. Jankish Narayanan
Order Date
2019-07-22
Duration

Judgement document from eCourt website

Open judgment PDF (eCourt)
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Case Summary

The plaintiff, Abdul Rasheed, seeks an injunction to prevent the defendants, who are his siblings, from assigning their share of inherited property. The case centers around a dispute regarding ownership and possession of a house built on the shared property.

Judgment Outcome

Plaintiff Won
Interim Order
The court decreed the suit in part, granting the plaintiff an injunction against the defendants from interfering with his possession of the house he constructed. The defendants were restrained from evicting the plaintiff.
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction against the defendants from interfering with the plaintiff's possession of the house.
Case Type
Injunction
Final Judgment
No
Why Plaintiff Won:
The plaintiff successfully proved his case with reliable evidence regarding the ownership and possession of the property.

Judgment Evidence:

In the result, the suit is decreed in part as follows. I. The defendants and their men are restrained by way of permanent prohibitory injunction, from interfering with the peaceable possession and enjoyment of the house, situated in the plaint schedule property, by the plaintiff.

Parties Involved

Plaintiffs

Abdul Rasheed (47 years years) Vattiyam Veettil House, Keraladheeswarapuram amsom desom, Tirur Taluk. PIN – 676 307

Defendants

Moideen @ Sainudheen (43 years years) Vattiyam Veettil House, Keraladheeswarapuram amsom desom, Tirur Taluk. PIN – 676 307 Ayisha (35 years years) Vattiyam Veettil House, Keraladheeswarapuram amsom desom, Tirur Taluk. PIN – 676 307 Aminummu (58 years years) Vattiyam Veettil House, Keraladheeswarapuram amsom desom, Tirur Taluk. PIN – 676 307

Reliefs

Relief Type: Permanent Injunction
Outcome: Granted
Description:
The defendants and their men are restrained from interfering with the peaceable possession and enjoyment of the house by the plaintiff.
Evidence:
The defendants and their men are restrained by way of permanent prohibitory injunction, from interfering with the peaceable possession and enjoyment of the house, situated in the plaint schedule property, by the plaintiff.
Relief Type: Permanent Injunction
Outcome: Granted
Description:
The defendants are restrained from evicting the plaintiff and his family from the house.
Evidence:
The defendants are also restrained by way of permanent prohibitory injunction, from evicting the plaintiff and his family from the house, otherwise then in due process of law.
Relief Type: Other
Outcome: Granted
Description:
Plaintiff is entitled to realize the costs of the suit from the defendant.
Evidence:
Plaintiff is entitled to realize the costs of the suit from the defendant.

Documents & Evidence

Document Type: Settlement Deed
Submitted By: Plaintiff
Relevance:
Certified copy of the settlement deed wherein the plaintiff's father transferred his share in the property in favor of the plaintiff.
Reference:
Ext.A2
Document Type: Jenam Assignment Deed
Submitted By: Plaintiff
Relevance:
Certified copy of the Jenm Assignment Deed indicating original ownership of the property.
Reference:
Ext.A3

Quick Facts

Location
Tirur, Kerala
Case Filed
Outcome Confidence
95%

Involved Entities

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