Case Summary
The plaintiff, Ammad Haji, is seeking an injunction to prevent the defendants from trespassing on his property. The defendants have countered that the property does not exist as claimed by the plaintiff.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court dismissed the injunction application and vacated the order of injunction previously granted. The plaintiff failed to establish a prima facie case.
Key Reasoning:
The plaintiff failed to prove the existence of the property and the balance of convenience did not favor the plaintiff.
The plaintiff failed to prove the existence of the property and the balance of convenience did not favor the plaintiff.
Why Defendant Won:
The plaintiff failed to prove the existence of the property and the balance of convenience did not favor the plaintiff.
The plaintiff failed to prove the existence of the property and the balance of convenience did not favor the plaintiff.
Supporting Evidence
The petitioner has failed to establish a prima facie case. If the order of injunction is made absolute it will cause irreparable loss or injury to the respondents.
Judgment Evidence:
In the result, IA 2/2025 is dismissed with costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- AMMAD HAJI
- Party Age
- 82
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- KUNHAMI
- Party Age
- 78
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Nafeesa
- Party Age
- 54
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- MOOSSA
- Party Age
- 63
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- SOOPPY
- Party Age
- 66
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- AYISHU
- Party Age
- 60
- Relation
- W/o
Plaintiffs Documents
Exts.A1 to A4: title deeds, sketch, plans, revenue receipts. Ext.C1 and C1(a): commission report and sketch.
Defendants Documents
Exts.B1 to B4.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Ali. V
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. C. R. Biju
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Fareed Kalleri
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. A. Sanjeev
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Refused
Description:
The petitioner sought a permanent injunction restraining the defendants from trespassing into the plaint C schedule property.
Evidence:
Therefore, in the light of discussions the order of injunction granted on 12.02.2025 stands vacated.
Documents & Evidence
Document Type:
Title deed
Submitted By:
Plaintiff
Relevance:
The document establishes the plaintiff's title to the property.
Reference:
Ext.A1
Document Type:
Title deed
Submitted By:
Plaintiff
Relevance:
The document establishes the plaintiff's title to the property.
Reference:
Ext.A2
Document Type:
Title deed
Submitted By:
Plaintiff
Relevance:
The document establishes the plaintiff's title to the property.
Reference:
Ext.A3
Document Type:
Title deed
Submitted By:
Plaintiff
Relevance:
The document establishes the plaintiff's title to the property.
Reference:
Ext.A4
Document Type:
Revenue Receipt
Submitted By:
Plaintiff
Relevance:
The document shows that the plaintiff is paying tax with respect to the plaint C schedule property.
Reference:
Ext.A5
Document Type:
Commission Report
Submitted By:
Court
Relevance:
The document is a report providing information about the property in question.
Reference:
Ext.C1
Document Type:
Sketch
Submitted By:
Court
Relevance:
The document is a sketch marking the detailed layout of the plaint C schedule property.
Reference:
Ext.C1(a)
Document Type:
Title deed
Submitted By:
Defendant
Relevance:
The document is submitted to contest the plaintiff's claims.
Reference:
Ext.B1
Document Type:
Title deed
Submitted By:
Defendant
Relevance:
The document is submitted to contest the plaintiff's claims.
Reference:
Ext.B2
Document Type:
Title deed
Submitted By:
Defendant
Relevance:
The document is submitted to contest the plaintiff's claims.
Reference:
Ext.B3
Document Type:
Title deed
Submitted By:
Defendant
Relevance:
The document is submitted to contest the plaintiff's claims.
Reference:
Ext.B4
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court, Nadapuram
Common Reasons
Case Code
OS
Case Code Year
2025