Case Summary
Plaintiff sought permanent prohibitory injunction against defendants for unlawfully setting out a way through the plaintiff's property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction
Case Type
Civil Suit - Permanent prohibitory injunction
Final Judgment
No
The court decreed the permanent prohibitory injunction, restraining defendants from trespassing or obstructing plaintiff's peaceful possession of the property.
Why Plaintiff Won:
The plaintiff proved ownership and exclusive possession of the property since 1989, with cogent and reliable evidence.
The plaintiff proved ownership and exclusive possession of the property since 1989, with cogent and reliable evidence.
Losing Side's Weaknesses:
Reason not clearly mentioned
Reason not clearly mentioned
Supporting Evidence
Plaintiff proved his case with cogent and reliable evidence. Ext.A1 to A6 were marked. Ext.A1 is the certified copy of assignment deed dated 12-4-89, Ext.A2 is the tax receipt dated 2-11-2010, Ext.A3 is the tax receipt dated 6-1-2012, Ext.A4 is the tax receipt dated 11-02-2013, Ext.A5 is the Location map dated 4-3-2013, Ext.A6 is the copy of complaints given to Tirur Police dated 4-3-2013. Ext.C1 to C4 corroborated the evidence adduced by PW1.
Judgment Evidence:
The suit is decreed as follows:- 1. Defendants are restrained by way of permanent prohibitory injunction from trespassing into plaint schedule property or to set out a way through the plaint schedule property or to cause any obstruction to the plaintiff's peaceful possession of the plaint schedule property. 2. Defendant shall pay cost of the suit.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Kandath Valappil Nafeesa
- Party Age
- 52
- Relation
- Wife of Muhammed
- Party Role
- Defendant
- Party Name
- Thakarapeediyekkal Muhammedali @ Bava
- Party Age
- 55
Plaintiffs Documents
Ext.A1 - Certified copy of Partition deed dated 12-4-1989, Ext.A2 - Tax Receipt dated 2-11-2010, Ext.A3 - Tax Receipt dated 6-1-2013, Ext.A4 - Tax Receipt dated 11-2-2013, Ext.A5 - Local Map dated 5-3-2010, Ext.A6 - Copy of complaints given to Tirur Police dated 4-3-2013
Defendants Documents
Nil
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. V.Chandrasekharan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri.Vipin.K.
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Prohibitory Injunction
Outcome:
Granted
Description:
Restraining defendants from trespassing into plaintiff's property or causing obstruction.
Evidence:
Ext.A1 to A6 were marked. Ext.A1 is the certified copy of partition deed dated 12-4-1989, Ext.A2 is the tax receipt dated 2-11-2010, Ext.A3 is the tax receipt dated 6-1-2013, Ext.A4 is the tax receipt dated 11-02-2013, Ext.A5 is the Location map dated 4-3-2013, Ext.A6 is the copy of complaints given to Tirur Police dated 4-3-2013.
Documents & Evidence
Document Type:
Certified Copy of Partition Deed
Submitted By:
Plaintiff
Relevance:
Proved ownership and exclusive possession of the property since 1989.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Supporting evidence of possession and ownership.
Reference:
Ext.A2
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Further evidence of possession and ownership.
Reference:
Ext.A3
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Continued support for possession and ownership.
Reference:
Ext.A4
Document Type:
Location Map
Submitted By:
Plaintiff
Relevance:
Provided visual representation of the property.
Reference:
Ext.A5
Document Type:
Complaints copy to Tirur Police
Submitted By:
Plaintiff
Relevance:
Documentation of complaints against encroachment.
Reference:
Ext.A6
Case Classification
Case Type
Civil Suit - Permanent Prohibitory Injunction
Category
Injunction and Access Rights
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Case Code
Case between Kandath Valappil Nafeesa and Others vs Thakarapeediyekkal Muhammedali et al regarding injunction
Case Code Year
Case between Kandath Valappil Nafeesa and Others vs Thakarapeediyekkal Muhammedali et al regarding injunction