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OS. No. 99/2023

Case between Baburaj vs Karimbil Abdulkader Haji et al regarding Permanent Prohibitory Injunction

Court
THE COURT OF THE MUNSIFF, NADAPURAM
Judge
Sri. Yadukrishnan.B
Order Date
2025-03-17
Duration
Case Closed

Judgement document from eCourt website

Judgment Document
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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

Defendant Won
Interim Order
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.
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.
Why Defendant Won:
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

Quick Facts

Location
Kozhikode District, Kerala
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court, Nadapuram
Case Filed
Case Closed
From
Wed, 01/01/2025 - 12:00
To
Mon, 03/31/2025 - 12:00
Outcome Confidence
85%

Involved Entities

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