Case Summary
C.M. Abdul Azeez is the plaintiff who claims ownership of a property and alleges that the defendants have trespassed and threatened him on that property. The defendants deny the allegations and assert their own claim over a different property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction against the defendants from trespassing into the plaint schedule property.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The plaintiff established possession of the property and reasonable apprehension of further trespass by the defendants.
The plaintiff established possession of the property and reasonable apprehension of further trespass by the defendants.
Judgment Evidence:
In the result, the suit is decreed as follows: (a) The defendants, their men and agents are restrained by way of permanent prohibitory injunction, from trespassing into the plaint schedule property and from causing any kind of obstruction to the peaceful enjoyment of the plaint schedule property by the plaintiff and from committing any act of waste on the plaint schedule property.
Parties Involved
Plaintiffs
C.M. Abdul Azeez (60 years years)
4D, Oriental Gardens, Karukappally - Mamangalam Road, Elamakkara P.O., Ernakulam, Kochi - 682 026
Defendants
Muraleedharan (60 years years)
Manakoyil House, Cheranelloor P.O., Cheranelloor Village, Ernakulam District, Pin-682 034
Ajay (32 years years)
Manakoyil House, Cheranelloor P.O., Cheranelloor Village
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
The plaintiff requested a permanent prohibitory injunction against the defendants.
Evidence:
The suit is decreed as follows: (a) The defendants, their men and agents are restrained by way of permanent prohibitory injunction, from trespassing into the plaint schedule property.
Relief Type:
Other
Outcome:
Granted
Description:
The plaintiff requested costs of the suit to be paid by the defendants.
Evidence:
The defendants are directed to pay the costs of the suit to the plaintiff.
Documents & Evidence
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
This document establishes the plaintiff's title to the property.
Reference:
Ext.A1
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
This document is pertinent to the ownership of the property.
Reference:
Ext.A2
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
This document supports the claim of ownership and possession.
Reference:
Ext.A3
Document Type:
Encumbrance certificate
Submitted By:
Plaintiff
Relevance:
This document further substantiates the ownership of the property.
Reference:
Ext.A4
Document Type:
Mortgage Deed
Submitted By:
Plaintiff
Relevance:
This document is relevant to the loan taken against the property.
Reference:
Ext.A5
Document Type:
Receipt
Submitted By:
Plaintiff
Relevance:
This document shows the payment made to the bank regarding the mortgage.
Reference:
Ext.A6
Document Type:
Receipt
Submitted By:
Plaintiff
Relevance:
This document shows another payment made to the bank regarding the mortgage.
Reference:
Ext.A7
Document Type:
Photocopy of the Complaint
Submitted By:
Plaintiff
Relevance:
This document is related to the alleged trespass by the defendants.
Reference:
Ext.A8
Document Type:
Acknowledgment Receipt of Petition
Submitted By:
Plaintiff
Relevance:
This document indicates the filing of a complaint with the authorities.
Reference:
Ext.A9
Document Type:
Sale deed
Submitted By:
Defendant
Relevance:
This document supports the defendants' claim of ownership.
Reference:
Ext.B1
Document Type:
Survey Sketch
Submitted By:
Defendant
Relevance:
This document is relevant to the measurement and boundaries of the property.
Reference:
Ext.B2
Document Type:
Survey Sketch
Submitted By:
Defendant
Relevance:
This document is another relevant sketch concerning the property boundaries.
Reference:
Ext.B3
Document Type:
Land Tax Receipt
Submitted By:
Defendant
Relevance:
This document shows tax payments made by the defendants regarding the property.
Reference:
Ext.B4
Document Type:
Possession and Non-Attachment Certificate
Submitted By:
Defendant
Relevance:
This document supports the defendants' claim of possession.
Reference:
Ext.B5
Document Type:
Commission Report
Submitted By:
Court
Relevance:
This document provides an assessment of the property in dispute.
Reference:
Ext.C1