Case Summary
The plaintiffs, Adiyalath Maimoona and others, are seeking a permanent prohibitory injunction against the defendants, Adiyalath Aali and others, related to trespassing and obstruction of their property. The defendants attempted to encroach upon the plaint schedule property, leading to this suit.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction against trespassing and obstruction.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiffs. The court has permanently restrained the defendants and their men from trespassing into the plaint schedule property and obstructing the peaceful enjoyment of the property.
Why Plaintiff Won:
The plaintiffs successfully proved their ownership and apprehension of disturbance by the defendants.
The plaintiffs successfully proved their ownership and apprehension of disturbance by the defendants.
Losing Side's Weaknesses:
The plaintiffs successfully proved their ownership and apprehension of disturbance by the defendants.
The plaintiffs successfully proved their ownership and apprehension of disturbance by the defendants.
Supporting Evidence
The unchallenged evidence of PW1 and documents produced would show that plaintiff had proved their apprehension. Hence it is necessary to pass an order of injunction to restrain the high-handed acts of defendants.
Judgment Evidence:
In the result, suit is decreed with costs as follows: Defendants and their men are permanently restrained from trespassing into the plaint schedule property, from obliterating its boundaries, from obstructing the peaceful enjoyment of the plaint schedule property and from acting against the interest of the plaintiff in plaint schedule property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Adiyalath Maimoona
- Party Age
- 54
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Kalarikkadath Humaida
- Party Age
- 38
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Adiyalath Hasmabi
- Party Age
- 34
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Adiyalath Aali
- Party Age
- 70
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Abdul Kareem
- Party Age
- 45
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Haneefa
- Party Age
- 37
- Relation
- S/o
Plaintiffs Documents
Certified copy of Janmam Assignment Deed No. 987/2005, Certified copy of Settlement Deed No. 1333/2010, Copy of Land Tax receipt issued by Village Officer, Kuttikkattoor.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. K.M. Muhammed Iqbal
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- R.M. Subair
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Noorudheen. C.T
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Smt. Noorjahan. C.V
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Defendants and their men are permanently restrained from trespassing into the plaint schedule property, from obliterating its boundaries, from obstructing the peaceful enjoyment of the plaint schedule property and from acting against the interest of the plaintiff in plaint schedule property.
Evidence:
In the result, suit is decreed with costs as follows: - Defendants and their men are permanently restrained from trespassing into the plaint schedule property, from obliterating its boundaries, from obstructing the peaceful enjoyment of the plaint schedule property and from acting against the interest of the plaintiff in plaint schedule property.
Documents & Evidence
Document Type:
Title deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Janmam Assignment Deed No. 987/2005 executed by plaintiff No.2 and 3 in favour of plaintiff No.1 of SRO, Mavoor
Reference:
Ext.A1
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Settlement Deed No. 1333/2010 of SRO. Mavoor executed by plaintiffs.
Reference:
Ext.A2
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Copy of Land Tax receipt issued by Village Officer, Kuttikkattoor.
Reference:
Ext.A3
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Copy of Land Tax Receipt issued by Village Officer, Kuttikkattoor.
Reference:
Ext.A4
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report by Adv. Rohith K.P.
Reference:
Ext.C1
Document Type:
Sketch
Submitted By:
Court
Relevance:
Sketch related to the commission report.
Reference:
Ext.C1(a)
Document Type:
Photo
Submitted By:
Court
Relevance:
Photo related to the commission report.
Reference:
Ext.C1(b)
Document Type:
Photo
Submitted By:
Court
Relevance:
Photo related to the commission report.
Reference:
Ext.C1(b)(1)
Document Type:
Photo
Submitted By:
Court
Relevance:
Photo related to the commission report.
Reference:
Ext.C1(b)(2)
Document Type:
Photo
Submitted By:
Court
Relevance:
Photo related to the commission report.
Reference:
Ext.C1(b)(3)
Document Type:
CD
Submitted By:
Court
Relevance:
CD related to the commission report.
Reference:
Ext.C1(b)(3)
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Case Code
Case between Adiyalath Maimoona et al vs Adiyalath Aali et al regarding permanent prohibitory injunction
Case Code Year
Case between Adiyalath Maimoona et al vs Adiyalath Aali et al regarding permanent prohibitory injunction