Case Summary
The plaintiff, Ismail Haji, filed a suit for injunction against the defendants, Muhammedkutty and Kallikkal Hydru, alleging they threatened to trespass and alter the pathway to his property. The court found that the plaintiff has a rightful claim over the property and issued an injunction.
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 the plaintiff a permanent injunction against the defendants to prevent trespassing onto the plaint schedule property. The defendants are also liable to pay the costs of the suit.
Why Plaintiff Won:
The plaintiff established rightful ownership over the property and showed significant evidence of trespassing and alteration attempts by the defendants.
The plaintiff established rightful ownership over the property and showed significant evidence of trespassing and alteration attempts by the defendants.
Losing Side's Weaknesses:
The plaintiff established rightful ownership over the property and showed significant evidence of trespassing and alteration attempts by the defendants.
The plaintiff established rightful ownership over the property and showed significant evidence of trespassing and alteration attempts by the defendants.
Supporting Evidence
The plaint schedule property belongs to the plaintiff by virtue of Exbt. A1 document. Therefore, the plaintiff has proved his possession and ownership over the plaint schedule property.
Judgment Evidence:
In the result, the suit is decreed in part with cost as follows: The defendants and their men are restrained, by way of permanent prohibitory injunction, from trespassing into the plaint schedule property and also restrained from interfering with the peaceable possession and enjoyment thereof by the plaintiff.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Ismail Haji
- Party Age
- 55
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Muhammedkutty
- Party Age
- 65
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Kallikkal Hydru
- Party Age
- 60
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Mattummal Ibrahim
- Relation
- S/o
Plaintiffs Documents
Jenam Assignment Deed No.2927/91, Tax Receipt
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. C.Shanmughan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.A.Mamu
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.P.Abdul Gafoor.P.
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.M.A.Ismail
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
The plaintiff is entitled to a perpetual injunction restraining the defendants from trespassing on the plaint schedule property.
Evidence:
the plaintiff is entitled to get a relief of perpetual injunction, as prayed for.
Relief Type:
Other
Outcome:
Granted
Description:
The plaintiff is entitled to recover costs of the suit from the defendants.
Evidence:
the plaintiff is entitled to realise the costs of the suit from the defendants.
Relief Type:
Mandatory Injunction
Outcome:
Refused
Description:
The plaintiff is not entitled to a decree of mandatory injunction to restore the steps and pathway.
Evidence:
the plaintiff is not entitled to get any relief of mandatory injunction.
Documents & Evidence
Document Type:
Jenm Assignment Deed
Submitted By:
Plaintiff
Relevance:
The document establishes the plaintiff's ownership of the plaint schedule property.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
The document supports the plaintiff's claim of possession of the property.
Reference:
Ext.A2
Document Type:
Commission Report
Submitted By:
Court
Relevance:
These documents contain findings from the Advocate Commissioner regarding the property boundaries and conditions.
Reference:
Ext.C1 to C6
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Case Code
Case between Ismail Haji vs Muhammedkutty et al regarding injunction
Case Code Year
Case between Ismail Haji vs Muhammedkutty et al regarding injunction