Case Summary
Ayishabeevi is the plaintiff seeking a permanent prohibitory injunction against Yoosafkoya Thangal V.C and Mariyam Muthubheevi. The dispute involves the possession and access to property originally belonging to Nafeesa Hajumma.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendants are restrained by a prohibitory injunction from trespassing into plaint A schedule property and from obstructing civil work.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, restraining the defendants from trespassing into the plaintiff's property and awarding costs of the suit to the plaintiff.
Why Plaintiff Won:
The ownership and possession of the plaintiff over plaint A schedule property is proved by the evidence presented.
The ownership and possession of the plaintiff over plaint A schedule property is proved by the evidence presented.
Losing Side's Weaknesses:
The ownership and possession of the plaintiff over plaint A schedule property is proved by the evidence presented.
The ownership and possession of the plaintiff over plaint A schedule property is proved by the evidence presented.
Supporting Evidence
The ownership and possession of the plaint A schedule property is proved by Exhibit A1 that is Deed No. 3309/2018. The evidence put forth by the plaintiffs remains unchallenged.
Judgment Evidence:
The suit is decreed as follows: The defendants are restrained by a prohibitory injunction from trespassing into plaint A schedule property and from obstructing the civil work or committing any waste and damage to plaint A schedule property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Ayishabeevi
- Party Age
- 58
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Yoosafkoya Thangal V.C
- Party Age
- 51
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Mariyam Muthubheevi
- Party Age
- 40
- Relation
- W/o
Plaintiffs Documents
Certified Copy of Settlement Deed No. 3309/2018, Building tax receipt from Kozhikode Corporation, Land tax receipt from Village Office, Nellikkode.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Anil Viswanath
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Adv. M.T. Sasidharan
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Adv. Shanif M.
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Defendants are restrained from trespassing into plaint A schedule property and obstructing civil work.
Evidence:
Hence, I find that the defendants shall be restrained by prohibitory injunction from trespassing into plaint A schedule property and thereby obstructing the civil work or committing any waste and damage to property.
Relief Type:
Costs
Outcome:
Granted
Description:
Defendants are directed to pay the costs of the suit to the plaintiffs.
Evidence:
The defendants are also directed to pay the costs of the suit to the plaintiffs.
Documents & Evidence
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Proves the ownership and possession of the plaint A schedule property as per Deed No. 3309/2018.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Confirms payment of building tax for the house situated in the plaint A schedule property.
Reference:
Ext.A2
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Confirms payment of land tax for the plaint A schedule property.
Reference:
Ext.A3
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
References a prior assignment of property to the defendant No. 1.
Reference:
Ext.A4
Document Type:
Judgment
Submitted By:
Court
Relevance:
Judgment in OS 108/2022 supporting the plaintiff's claims.
Reference:
Ext.A5
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 Ayishabeevi vs Yoosafkoya Thangal V.C et al regarding permanent prohibitory injunction
Case Code Year
Case between Ayishabeevi vs Yoosafkoya Thangal V.C et al regarding permanent prohibitory injunction