Case Summary
Faizal Abdul Khader, working abroad, and his authorized representative Muhammed Sadiq, are plaintiffs seeking injunction against defendant M. Fajer. The case involves disputes over property rights and the defendant's alleged nuisance and trespass.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction against the defendant from trespassing into the plaint A schedule property and obstructing the plaintiffs from strengthening the northern side retaining wall.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiffs, granting them a permanent injunction against the defendant from entering their property and causing damage.
Why Plaintiff Won:
The plaintiffs provided convincing evidence demonstrating ownership and the defendant's actions that violated their rights.
The plaintiffs provided convincing evidence demonstrating ownership and the defendant's actions that violated their rights.
Losing Side's Weaknesses:
The plaintiffs provided convincing evidence demonstrating ownership and the defendant's actions that violated their rights.
The plaintiffs provided convincing evidence demonstrating ownership and the defendant's actions that violated their rights.
Supporting Evidence
The case of the plaintiff stands proved from the affidavit and Exts.A1 to A5 series, C1, C1(a) and C2 series documents. Nothing before this court to disbelieve the evidence put forth by the plaintiff.
Judgment Evidence:
In the result, suit is decreed with costs as follows: - Defendant is restrained by way of permanent prohibitory injunction from trespassing into the plaint A schedule property and obstructing the plaintiffs from strengthening the northern side retaining wall and also from committing waste and damage to the plaint schedule property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Faizal Abdul Khader
- Party Age
- 43
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Muhammed Sadiq
- Party Age
- 52
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- M. Fajer
- Party Age
- 49
- Relation
- S/o
Plaintiffs Documents
Janmam assignment deed No. 159/2010, Janmam assignment deed No. 168/2010, Janmam assignment deed No. 205/2021, land tax receipt, Location Certificate.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Anil Viswanath
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Adv. George P.P
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Defendant is restrained from trespassing into the plaint A schedule property and obstructing the plaintiffs from strengthening the northern side retaining wall.
Evidence:
Defendant is restrained by way of permanent prohibitory injunction from trespassing into the plaint A schedule property and obstructing the plaintiffs from strengthening the northern side retaining wall.
Relief Type:
Costs
Outcome:
Granted
Description:
Plaintiff is entitled to get costs of the suit from the defendant.
Evidence:
Plaintiff is entitled to get costs of the suit from defendant.
Documents & Evidence
Document Type:
Janmam Assignment Deed
Submitted By:
Plaintiff
Relevance:
Executed between Ramlath and Faizal Abdul Khader.
Reference:
Ext.A1
Document Type:
Janmam Assignment Deed
Submitted By:
Plaintiff
Relevance:
Executed between Ramlath and Faizal Abdul Khader.
Reference:
Ext.A2
Document Type:
Janmam Assignment Deed
Submitted By:
Plaintiff
Relevance:
Executed between Renil Raoof and Faizal Abdul Khader.
Reference:
Ext.A3
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Issued by Village Officer, Kasaba.
Reference:
Ext.A4
Document Type:
Location Certificate
Submitted By:
Plaintiff
Relevance:
Provides details of the location of plaint A schedule property.
Reference:
Ext.A5
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Report prepared by advocate commissioner.
Reference:
Ext.C1
Document Type:
Sketch
Submitted By:
Court
Relevance:
Sketch prepared by advocate commissioner.
Reference:
Ext.C1(a)
Document Type:
Photo
Submitted By:
Court
Relevance:
Photographic evidence pertaining to the case.
Reference:
Ext.C2
Document Type:
Photo
Submitted By:
Court
Relevance:
Additional photographic evidence pertaining to the case.
Reference:
Ext.C2(a)
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Case Code
Case between Faizal Abdul Khader et al vs M. Fajer regarding permanent prohibitory injunction.
Case Code Year
Case between Faizal Abdul Khader et al vs M. Fajer regarding permanent prohibitory injunction.