Case Summary
The petitioners, Aslam, Sinu Mol, and Aneef Muhammed, are seeking a temporary injunction against the respondents, Nasimudheen and Ameer, regarding a property dispute. The case involves a settlement deed executed by the first respondent that the petitioners claim should be declared null and void.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The petition for a temporary injunction was dismissed. The court found that the petitioners did not establish a prima facie case and that granting the injunction would cause irreparable injury to the respondents.
Key Reasoning:
The petitioners failed to establish a prima facie case.
The petitioners failed to establish a prima facie case.
Why Defendant Won:
The petitioners failed to establish a prima facie case.
The petitioners failed to establish a prima facie case.
Supporting Evidence
This court is having no hesitation to conclude that the power of attorney holder can't institute a fresh suit on the basis of Ext.A1-power of attorney.
Judgment Evidence:
In the result, petition is dismissed. No order as to costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Aslam
- Party Age
- 41
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Sinu Mol
- Party Age
- 38
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Aneef Muhammed
- Party Age
- 32
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Nasimudheen
- Party Age
- 61
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Ameer
- Party Age
- 31
- Relation
- S/o
Plaintiffs Documents
Copy of Power of Attorney, Copy of settlement deed No. 2155/ 2024 of Varkala S.R.O., dated 24/08/2024, Partition deed No. 135/ 1986 of Varkala S.R.O., dated 09/01/1986, Original Tax receipt dated 09/05/2024
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. S. Shibu
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. F. Nahas
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Smt. M. M. Fathima
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Temporary Injunction
Outcome:
Refused
Description:
Request for a temporary injunction to restrain the respondents from creating further deeds regarding the petition schedule property.
Evidence:
Hence the petition is dismissed. No order as to costs.
Documents & Evidence
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
Used to contest the authority of the power of attorney holder to file the present suit.
Reference:
Ext.A1
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Referred to in the context of the property dispute.
Reference:
Ext.A2
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
Document establishing historical context of the property ownership.
Reference:
Ext.A3
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Acts as evidence of tax payment for the property in question.
Reference:
Ext.A4
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiffs Court, Varkala
Common Reasons
Case Code
Case between Aslam et al vs Nasimudheen et al regarding temporary injunction
Case Code Year
Case between Aslam et al vs Nasimudheen et al regarding temporary injunction