Case Summary
Indus Towers ltd. filed a suit against Muhammed Abdul Khadar for a permanent prohibitory injunction. The plaintiff alleges that the defendant obstructed their access to their mobile telephone infrastructure on the defendant's property.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The suit was abated due to the death of the defendant and the plaintiffs' failure to implead the legal heirs. No steps were taken by the plaintiff even after the defendant's counsel informed the court about the defendant's demise.
Key Reasoning:
The suit was abated as no legal heirs were impleaded within the required time after the defendant's death.
The suit was abated as no legal heirs were impleaded within the required time after the defendant's death.
Why Defendant Won:
Not available
Not available
Supporting Evidence
Here 220 days have been passed after the death of the defendant and no steps were taken by the plaintiff.
Judgment Evidence:
Hence the suit stands abated.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Indus Towers ltd.
- Party Role
- Defendant
- Party Name
- Muhammed Abdul Khadar
- Party Age
- 63
- Relation
- S/o
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.Prakash ramanathan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. Midhun Raj E.M
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. Riyas V.T
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. P.Praveen
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Not Decided
Description:
Suit for permanent prohibitory injunction restraining the defendant from obstructing the plaintiff's activities.
Evidence:
The suit is one for permanent prohibitory injunction restraining the defendant, his family men, employees or associates from any manner interfering with or obstructing the plaintiffs activities on the plaint schedule property or denying free access to company staffs.
Documents & Evidence
Case Classification
Case Type
Civil Suit
Category
Injunction and Access Rights
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Unauthorized occupation
Case Code
Case between Indus Towers ltd. vs Muhammed Abdul Khadar regarding injunction.
Case Code Year
Case between Indus Towers ltd. vs Muhammed Abdul Khadar regarding injunction.