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O.S. No. 25 of 2019

Case between Basheer M.K vs V.H Samad et al regarding permanent prohibitory injunction

Court
IN THE COURT OF THE PRINCIPAL MUNSIFF, ERNAKULAM
Judge
Smt. Rejani Thankappan
Order Date
2024-04-09
Duration
approximately-5 years 3 months
Case Closed
Tue, 04/09/2024 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

The plaintiff, Basheer M.K, is running a fish trade business and has filed a suit against the defendant V.H Samad and additional defendants to prevent them from illegally trespassing into the property. The defendants claimed no illegal action occurred.

Judgment Outcome

Plaintiff Won
Interim Order
The court decreed the suit in favor of the plaintiff, granting a permanent prohibitory injunction against the 1st defendant and ordering the recovery of costs.
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction against the 1st defendant from trespassing and causing obstruction.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, granting a permanent prohibitory injunction against the 1st defendant and ordering the recovery of costs.
Why Plaintiff Won:
The plaintiff's evidence proved that the 1st defendant attempted illegal trespass and obstruction of his business.
Losing Side's Weaknesses:
Not available
Supporting Evidence
From the evidence of Pw1 to PW3 and DW1 the case of the plaintiff is proved. Hence PW1 is entitled to get decree in his favour.

Judgment Evidence:

In the result, suit is decreed as follows: A) The 1st defendant and his men are restrained by way of permanent prohibitory injunction from trespassing into the plaint schedule property forcefully and to cause any kind of obstruction to the plaintiff to use the plaint schedule property for running the business of fish trade.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Basheer M.K
Party Age
46
Relation
S/o
Party Role
Defendant
Party Name
V.H Samad
Party Age
36
Relation
S/o
Party Role
Defendant
Party Name
Sathyan
Party Age
63
Relation
S/o
Party Role
Defendant
Party Name
Jayasree Sathyan
Relation
W/o
Plaintiffs Documents
Licence bearing No. C-14/43376/2018-2019 issued by Kochi Corporation, Marine Fisheries Identity Card bearing No. KL 07 AW265687, Receipt issued by Revenue Department Kochi Municipal Corporation, Rent receipt, Rent receipt.
Defendants Documents
Nil

Advocates

Party Role
Plaintiff
Advocate Name
T.H Arunkumar
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
M.P Sreekumar
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Muhammed Mustaffa.A
Appearance Type
Main Counsel

Reliefs

Relief Type: Permanent Injunction
Outcome: Granted
Description:
The plaintiff sought to restrain the 1st defendant and his men from trespassing into the plaint schedule property.
Evidence:
The 1st defendant and his men are restrained by way of permanent prohibitory injunction from trespassing into the plaint schedule property forcefully and to cause any kind of obstruction to the plaintiff to use the plaint schedule property for running the business of fish trade.
Relief Type: Other
Outcome: Granted
Description:
The plaintiff is entitled to get the costs of the suit from the 1st defendant.
Evidence:
The plaintiff is also entitled to get the costs of the suit from the 1st defendant.

Documents & Evidence

Document Type: Licence
Submitted By: Plaintiff
Relevance:
The document shows that the plaintiff obtained a licence from Kochi Corporation for running the business of sale of fish.
Reference:
Ext.A1
Document Type: Marine Fisheries Identity Card
Submitted By: Plaintiff
Relevance:
This document is an identity card issued by the Government of India, Ministry of Agriculture, Marine Fisheries, supporting the plaintiff's business credentials.
Reference:
Ext.A2
Document Type: Tax receipt
Submitted By: Plaintiff
Relevance:
This receipt shows that the plaintiff is paying tax before Kochi Municipal Corporation.
Reference:
Ext.A3
Document Type: Rent Receipt
Submitted By: Plaintiff
Relevance:
This receipt shows that the plaintiff is paying rent in respect of the plaint schedule property.
Reference:
Ext.A4
Document Type: Commission Report
Submitted By: Court
Relevance:
The report filed by the Advocate Commissioner showing that the plaintiff is running fish trade in the building.
Reference:
Ext.C1
Document Type: Photographs
Submitted By: Court
Relevance:
These photographs are showing the plaintiff's business operations in the plaint schedule property.
Reference:
Ext.C1(a) to C1(e)

Case Classification

Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between Basheer M.K vs V.H Samad et al regarding permanent prohibitory injunction
Case Code Year
Case between Basheer M.K vs V.H Samad et al regarding permanent prohibitory injunction

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Wed, 01/02/2019 - 12:00
Case Closed
Tue, 04/09/2024 - 12:00
From
Mon, 04/01/2024 - 12:00
To
Tue, 04/30/2024 - 12:00
Outcome Confidence
90%

Involved Entities

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