Case Summary
Janfil.C, the plaintiff, seeks a perpetual prohibitory injunction to prevent Rubeena, the defendant, from trespassing into his business premises. The plaintiff claims that the defendant has been attempting to evict him and obstruct his business.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent injunction against the defendant from trespassing and obstructing the plaintiff's business.
Case Type
Civil Suit
Final Judgment
No
The suit was decreed in favor of the plaintiff and the defendant is permanently restrained from trespassing into the shop room or obstructing the plaintiff's business. The plaintiff was awarded costs.
Why Plaintiff Won:
The plaintiff proved his apprehension of the defendant's high-handed acts through unchallenged evidence.
The plaintiff proved his apprehension of the defendant's high-handed acts through unchallenged evidence.
Losing Side's Weaknesses:
The plaintiff proved his apprehension of the defendant's high-handed acts through unchallenged evidence.
The plaintiff proved his apprehension of the defendant's high-handed acts through unchallenged evidence.
Supporting Evidence
A close poring over the affidavit would show that the PW1 reiterated the claim put forth in the plaint. The unchallenged evidence of PW1 and PW2 and documents produced would show that plaintiff had proved his apprehension.
Judgment Evidence:
In the result, suit is decreed with costs as follows: - Defendant and her men are permanently restrained by a decree of perpetual prohibitory injunction from trespassing into plaint schedule shop room, from obstructing the business of plaintiff in plaint schedule shop room, from committing any waste in the plaint schedule schedule shop room and from committing damages to the articles of the plaintiff in the plaint schedule shop room.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Janfil.C
- Party Age
- 37
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Rubeena
- Party Age
- 38
- Relation
- W/o
Plaintiffs Documents
License agreement dated 03-08-2022, Notice issued by Feroke Municipality dated 19-10-2022.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. V. Satheesan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Jasmine.A.P
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Permanent injunction to restrain the defendant and her men from trespassing and obstructing the plaintiff's business.
Evidence:
In the result, suit is decreed with costs as follows: - Defendant and her men are permanently restrained by a decree of perpetual prohibitory injunction from trespassing into plaint schedule shop room, from obstructing the business of plaintiff in plaint schedule shop room, from committing any waste in the plaint schedule schedule shop room and from committing damages to the articles of the plaintiff in the plaint schedule shop room.
Documents & Evidence
Document Type:
License Agreement
Submitted By:
Plaintiff
Relevance:
Document evidencing the license agreement between the plaintiff and the landlord for conducting business.
Reference:
Ext.A1
Document Type:
Rejection Notice
Submitted By:
Plaintiff
Relevance:
Document indicating the rejection of the plaintiff's application for a business license by the Feroke Municipality.
Reference:
Ext.A2
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Document filed by the advocate providing evidence regarding the matter at hand.
Reference:
Ext.C1
Document Type:
Sketch
Submitted By:
Court
Relevance:
Visual representation relevant to the case as part of the court documents.
Reference:
Ext.C1(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 Janfil.C vs Rubeena regarding perpetual prohibitory injunction
Case Code Year
Case between Janfil.C vs Rubeena regarding perpetual prohibitory injunction