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ORIGINAL SUIT NO. 46 OF 2013

Case between Kandath Valappil Nafeesa and Others vs Thakarapeediyekkal Muhammedali et al regarding injunction

Court
Court of the Munsiff of Tirur
Judge
Smt. VINCY.T.V.
Order Date
2018-01-22
Duration
Approximately 4 years
Case Closed
Mon, 01/22/2018 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

Plaintiff sought permanent prohibitory injunction against defendants for unlawfully setting out a way through the plaintiff's property.

Judgment Outcome

Plaintiff Won
Interim Order
The court decreed the permanent prohibitory injunction, restraining defendants from trespassing or obstructing plaintiff's peaceful possession of the property.
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.
Losing Side's Weaknesses:
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

Quick Facts

Location
Tirur
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Case Filed
Sun, 01/20/2013 - 12:00
Case Closed
Mon, 01/22/2018 - 12:00
From
Mon, 01/01/2018 - 12:00
To
Wed, 01/31/2018 - 12:00
Outcome Confidence
95%

Involved Entities

Private Individual

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