Case Summary
The plaintiff, Ashmina Ansar, is seeking an injunction against the defendant, Paul, for unauthorized construction on her property. The defendant is accused of making threats to demolish a boundary wall and encroach on the plaintiff's property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
A decree of permanent prohibitory injunction restraining the defendant, his men and agents from demolishing the plaint B scheduled brick wall and also from trespassing into the plaint A schedule property.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favour of the plaintiff with a permanent prohibitory injunction against the defendant regarding the boundary wall and trespassing.
Why Plaintiff Won:
The plaintiff proved the defendant's intention to trespass and demolish the boundary wall.
The plaintiff proved the defendant's intention to trespass and demolish the boundary wall.
Losing Side's Weaknesses:
The plaintiff proved the defendant's intention to trespass and demolish the boundary wall.
The plaintiff proved the defendant's intention to trespass and demolish the boundary wall.
Supporting Evidence
However, from the evidence on record, it can be seen that the plaintiff, through the evidence of PW1, has produced an unrebutted evidence with regard to the intention of the defendant and the alleged threat meted out by the defendant with regard to the attempt of the defendant to demolish the plaint B schedule wall and to trespass into the plaint A schedule property.
Judgment Evidence:
In the result, the suit is decreed as follows: i. A decree of permanent prohibitory injunction is passed restraining the defendant, his men and agents from demolishing the plaint B scheduled brick wall and also from trespassing into the plaint A schedule property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Ashmina Ansar
- Party Age
- 41
- Relation
- W/o.
- Party Role
- Plaintiff
- Party Name
- Bhadusha Ansif
- Party Age
- 33
- Relation
- S/o.
- Party Role
- Defendant
- Party Name
- Paul
Plaintiffs Documents
Certified copy of Partition Deed No. 4222/2013, Land Tax Receipt
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Muhammed Ajeesh P. B
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Arun George D
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Arun George D
- Appearance Type
- Ex parte
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Permanent prohibitory injunction restraining the defendant from demolishing the plaint B scheduled brick wall and from trespassing into the plaint A schedule property.
Evidence:
The suit is decreed as follows: i.A decree of permanent prohibitory injunction is passed restraining the defendant, his men and agents from demolishing the plaint B scheduled brick wall and also from trespassing into the plaint A schedule property.
Relief Type:
Other
Outcome:
Granted
Description:
Entitlement of the plaintiff to the costs of the suit from the defendant.
Evidence:
In the facts of the case, I am of the opinion that the plaintiff is entitled to the costs of the suit from the defendant.
Documents & Evidence
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Partition Deed presented to establish ownership of the property.
Reference:
Ext.A1
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Submitted to demonstrate that the plaintiff is the lawful owner of the property.
Reference:
Ext.A2
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Filed to support the court's findings regarding the property dispute.
Reference:
Ext.C1
Document Type:
Rough Sketch
Submitted By:
Court
Relevance:
Provided visual evidence related to the property boundaries.
Reference:
Ext.C1(a)(1)
Document Type:
Photographs
Submitted By:
Court
Relevance:
Visual evidence submitted for detailing the current state of the property.
Reference:
Ext.C1(a)(ii)
Case Classification
Case Type
Civil Suit
Category
Injunction and Access Rights
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between Ashmina Ansar vs Paul regarding injunction
Case Code Year
Case between Ashmina Ansar vs Paul regarding injunction