Case Summary
BUSHARA instituted this suit against MUHAMMAD ASHRAF to seek a permanent prohibitory injunction restraining him from trespassing into her property. The plaintiff claims that the defendant threatened her and her family over alleged money transactions with her husband, who is abroad.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction against trespassing.
Case Type
Civil Suit
Final Judgment
No
The court partially decreed the suit, granting a permanent prohibitory injunction against the defendant from trespassing into the plaintiff's property. The plaintiff is also entitled to the costs of the suit.
Why Plaintiff Won:
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
However, as per the commission report the act of committing of wastage and damages is not established. The plaintiff has established her possession and there is no dispute with regard to the title.
Judgment Evidence:
In the result, the suit is decreed in part with costs. The defendant, his men or agents are restrained by a decree of permanent prohibitory injunction from trespassing into the plaint schedule property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- BUSHARA
- Party Age
- 45
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- MUHAMMAD ASHRAF
- Party Age
- 50
- Relation
- S/o
Plaintiffs Documents
Certified copy of Assignment Deed No. 1007/2008 of SRO, Tuneri, Basic Tax Receipt issued by Village Office, Valayam to Hameed.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Abdul Latheef. V. K
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt. Shabana. M. K
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Fareed Kalleri
- Appearance Type
- Main Counsel
- Party Role
- Court
- Advocate Name
- Adeeb Salah. V. K
- Appearance Type
- Government Pleader
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Plaintiff sought a decree of permanent prohibitory injunction restraining the defendant from trespassing into the plaint schedule property.
Evidence:
Therefore, the plaintiff is entitled for a decree of permanent prohibitory injunction against the defendant from trespassing into the plaint schedule property.
Relief Type:
Costs
Outcome:
Granted
Description:
Plaintiff is entitled to get the costs of the suit.
Evidence:
The plaintiff is entitled to get the costs of the suit.
Documents & Evidence
Document Type:
Title deed
Submitted By:
Plaintiff
Relevance:
Establishes the plaintiff's title over the plaint schedule property.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Supports the plaintiff's claim of possession of the plaint schedule property.
Reference:
Ext.A2
Document Type:
Commissioner Report
Submitted By:
Court
Relevance:
Confirms the inspection of the plaint schedule property and notes no damages or wastage.
Reference:
Ext.C1
Case Classification
Case Type
Civil Suit
Category
Injunction and Access Rights
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court, Nadapuram
Common Reasons
Unauthorized occupation
Case Code
Case between BUSHARA vs MUHAMMAD ASHRAF regarding permanent prohibitory injunction.
Case Code Year
Case between BUSHARA vs MUHAMMAD ASHRAF regarding permanent prohibitory injunction.