Case Summary
This case involves Baburaj as the plaintiff seeking a permanent prohibitory injunction against Karimbil Abdulkader Haji and Rabiya, the defendants. The plaintiff alleges that the defendants are blocking his access to his property.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court dismissed the application for injunction, concluding that the plaintiff was out of possession of the B schedule property and thus could not claim the right of access.
Key Reasoning:
The plaintiff could not prove his lawful possession over the B schedule property.
The plaintiff could not prove his lawful possession over the B schedule property.
Why Defendant Won:
The plaintiff could not prove his lawful possession over the B schedule property.
The plaintiff could not prove his lawful possession over the B schedule property.
Supporting Evidence
The petitioner is out of possession and nowhere in the decision of the Sub Court is it stated that the petitioner shall not be evicted pursuant to the order of Rent Control Court pending suit. Since such an order is not there the petitioner cannot be permitted to say that he has right of way through the decree schedule property.
Judgment Evidence:
In the result, IA 12/25 is dismissed with costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- BABURAJ
- Party Age
- 67
- Relation
- S/o.
- Party Role
- Defendant
- Party Name
- KARIMBIL ABDULKADER HAJI
- Party Age
- 74
- Relation
- S/o.
- Party Role
- Defendant
- Party Name
- RABIYA
- Party Age
- 60
- Relation
- W/o.
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Shanoj. N
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. K. K. Anil Raj
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. V. K. Santhosh Kumar
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Refused
Description:
Direct the respondents/defendants to provide duplicate key of plaint B schedule property to the petitioner and to restore the way through the plaint B schedule property to the plaint A schedule property.
Evidence:
the IA is only to be dismissed with costs.
Documents & Evidence
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court, Nadapuram
Common Reasons
Case Code
Case between Baburaj vs Karimbil Abdulkader Haji et al regarding Permanent Prohibitory Injunction
Case Code Year
Case between Baburaj vs Karimbil Abdulkader Haji et al regarding Permanent Prohibitory Injunction