Case Summary
Ahmed Riza Manjalingal and Shahana Moinudheen are seeking a temporary injunction against Adeeb Jaleel and Omar Jaleel concerning their sports venture. They claim wrongful eviction attempts and illegal entry by the defendants after investments in property and construction of sports facilities.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Temporary injunction restraining the defendants from forcibly evicting the plaintiffs from the property.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The plaintiffs demonstrated a valid lease arrangement and established operational engagement in the property.
The plaintiffs demonstrated a valid lease arrangement and established operational engagement in the property.
Judgment Evidence:
Hence, this court is satisfied that the temporary injunction has to be allowed restraining the defendant from evicting the plaintiff forcefully.
Parties Involved
Plaintiffs
Ahmed Riza Manjalingal (38 years)
Manalingal House, Gandhi Nagar Main Street, Cherur P O, Peringavu Village, Thrissur Taluk, Pin- 680008, Thrissur District.
Shahana Moinudheen (29 years)
Manalingal House, Gandhi Nagar Main Street, Cherur P O, Peringavu Village, Thrissur Taluk, Pin- 680008, Thrissur District.
Defendants
Adeeb Jaleel (39 years)
Chungasseri Park, Pada North, Karunagappally P O, Pin- 690518, Kollam District.
Omar Jaleel (37 years)
Chungasseri Park, Pada North, Karunagappally P O, Pin- 690518, Kollam District.
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Permanent injunction restraining the defendants and their agents from forcibly dispossessing or interfering with the plaintiffs' peaceful possession of the buildings and property.
Evidence:
Accordingly, I am satisfied that the petitioner will be put to irreparable loss and injury if an order of injunction is not passed.
Relief Type:
Temporary Injunction
Outcome:
Granted
Description:
Temporary injunction during the suit's pendency to prevent further threats, illegal entry, or business disruption.
Evidence:
The petition seeks to restrain respondent and his men from forcefully dispossessing petitioner from plaint schedule property.
Relief Type:
Declaration
Outcome:
Granted
Description:
Declaration affirming their legal and possessory rights over the buildings constructed with their funds.
Evidence:
The plaintiffs claim lawful, peaceful possession and ownership of the structures built with express or implied consent of the landowners.
Relief Type:
Direction
Outcome:
Granted
Description:
Direction to adjust the unpaid demolition compensation of Rs.11,48,000/- against future rent, or alternatively, order payment with interest.
Evidence:
These developments were completed before the death of the original landowner.
Documents & Evidence
Document Type:
Lease Deed
Submitted By:
Plaintiff
Relevance:
Copy of the Lease deed executed between 1st plaintiff and 1st defendant.
Reference:
Ext.A1
Document Type:
Lease Deed
Submitted By:
Plaintiff
Relevance:
Copy of the Lease deed executed between the 1st plaintiff and 1st defendant.
Reference:
Ext.A2
Document Type:
Certificate
Submitted By:
Plaintiff
Relevance:
Copy of Certificate of IFTE and OS Licence bearing no: BF1F01-M070900-00149-2025 issued to the 1st plaintiff from Thrikkakara municipality.
Reference:
Ext.A3
Document Type:
Complaint
Submitted By:
Plaintiff
Relevance:
Copy of the complaint submitted by the 1st plaintiff before the SHO, Thrikkakara.
Reference:
Ext.A4
Document Type:
Receipt
Submitted By:
Plaintiff
Relevance:
Copy of receipt issued by Thrikkakara Police.
Reference:
Ext.A5
Document Type:
Caveat
Submitted By:
Plaintiff
Relevance:
Copy of the Caveat lodged by the 1st defendant against the 1st defendant.
Reference:
Ext.A6
Document Type:
Registered Envelope
Submitted By:
Plaintiff
Relevance:
Copy of the registered envelop contained the Caveat O P.
Reference:
Ext.A7
Document Type:
Power of Attorney
Submitted By:
Defendant
Relevance:
Notarized copy of Power of attorney.
Reference:
Ext.B1
Document Type:
Complaint
Submitted By:
Defendant
Relevance:
The Complaint submitted by the 1st respondent before the Thrikkakara Police Station with receipt.
Reference:
Ext.B2
Document Type:
Complaint
Submitted By:
Defendant
Relevance:
Complaint submitted by the 1st respondent before the Commissioner of Police, Kochi City along with its Annexures and original receipt.
Reference:
Ext.B3
Document Type:
Proceedings
Submitted By:
Defendant
Relevance:
Copy of the proceedings regarding the change of ownership before the Thrikkakara Municipality.
Reference:
Ext.B4
Document Type:
Complaint
Submitted By:
Defendant
Relevance:
The True copy of complaint given by the petitioner before the Thrikkakara Municipality for cancellation of licence.
Reference:
Ext.B5
Document Type:
Occupancy Certificate
Submitted By:
Defendant
Relevance:
Occupancy certificate issued by the Thrikkakara Municipality.
Reference:
Ext.B6
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report.
Reference:
Ext.C1
Document Type:
Photograph
Submitted By:
Court
Relevance:
Photograph.
Reference:
Ext.C1(a)