Case Summary
The case involves Alaprath Suresh Babu, the plaintiff, seeking a permanent prohibitory injunction against the defendants Udayakumari, Divya, and Deepak from alienating a property. The plaintiff claims that he had entered into a sale agreement with the defendants, who are trying to alienate the property despite the agreement.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court dismissed the plaintiff's suit for a permanent prohibitory injunction against the defendants. The court found that the plaintiff had other legal remedies available and that the suit was not justified.
Key Reasoning:
Why Defendant Won:
Supporting Evidence
Judgment Evidence:
In the result, the suit is dismissed. There is no order as to costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Alaprath Suresh Babu
- Party Age
- 58
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Udayakumari
- Party Age
- 64
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Divya
- Party Age
- 43
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Deepak
- Party Age
- 40
- Relation
- S/o
Plaintiffs Documents
Sale agreement dated 10.03.2020 between plaintiff and defendants
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. K. K. Ramakrishnan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Razal Rahiman
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Jyothi
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Refused
Description:
The plaintiff sought a decree of permanent prohibitory injunction restraining the defendants from alienating the plaint schedule property.
Evidence:
Hence, a decree of permanent prohibitory injunction restraining alienation of the plaint schedule property cannot be passed against the owner of the property.
Documents & Evidence
Document Type:
Sale Agreement
Submitted By:
Plaintiff
Relevance:
This document is the basis for the plaintiff's claim seeking a permanent prohibitory injunction against the defendants.
Reference:
Ext.A1
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 Alaprath Suresh Babu vs Udayakumari et al regarding permanent prohibitory injunction
Case Code Year
Case between Alaprath Suresh Babu vs Udayakumari et al regarding permanent prohibitory injunction
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque issued towards legally enforceable debt