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ORIGINAL SUIT NO. 178 OF 2012

Case between Koroth Thazhathethil Musthafa vs Melethil Kunhi Muhammed et al regarding perpetual injunction

Court
Court of the Munsiff of Tirur
Judge
Smt. VINCY.T.V.,B.A, LL.B.
Order Date
2017-03-20
Duration
5 years
Case Closed
Mon, 03/20/2017 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

Plaintiff seeks injunction restraining defendants from trespassing and obstructing property usage citing ownership and cultivation rights.

Judgment Outcome

Defendant Won
Interim Order
The suit for perpetual injunction was dismissed as the plaintiff failed to prove possession of the entire property.
Judgment Favored
Defendant
Relief Granted
Unknown
Case Type
Civil Suit - Injunction
Final Judgment
No
The suit for perpetual injunction was dismissed as the plaintiff failed to prove possession of the entire property.
Key Reasoning:
The plaintiff failed to prove the possession of the entire plaint schedule property.
Why Defendant Won:
The plaintiff failed to prove the possession of the entire plaint schedule property.
Supporting Evidence
The plaintiff failed to prove the possession of the entire plaint schedule property.

Judgment Evidence:

The suit for perpetual injunction was dismissed.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Koroth Thazhathethil Musthafa
Party Age
49
Relation
S/o of Kunhahammed Haji
Party Role
Defendant
Party Name
Melethil Kunhi Muhammed
Party Age
55
Relation
S/o of Moideen
Party Role
Defendant
Party Name
Melethil Jamal
Party Age
35
Relation
S/o of Moideen
Plaintiffs Documents
Certified copy of Jenm Assignment deed, Common right assignment Deed, Tax Receipts, Certified copy of Judgment Munsiff's court, Decree, plan
Defendants Documents
Unknown

Advocates

Reliefs

Relief Type: Unknown
Outcome: Unknown
Description:
Legal relief sought for perpetual injunction
Evidence:
The suit for perpetual injunction was dismissed.

Documents & Evidence

Document Type: Certified Copy of Jenm Assignment deed
Submitted By: Plaintiff
Relevance:
Proof of property ownership
Reference:
A1
Document Type: Tax Receipts
Submitted By: Plaintiff
Relevance:
Demonstrating possession and tax payments
Reference:
A3(a), A3(b), A3(c), A3(d)
Document Type: Certified copy of Judgment Munsiff's court, Decree, plan
Submitted By: Plaintiff
Relevance:
Related to previous case and decree
Reference:
A5, A6
Document Type: Unknown
Submitted By: Defendant
Relevance:
Unknown
Reference:
Unknown
Document Type: Commission report, Plan
Submitted By: Court
Relevance:
Court exhibits related to property inspection
Reference:
C1, C2

Case Classification

Case Type
Civil Suit - Injunction
Category
Injunction and Access Rights
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Ownership Dispute
Case Code
Case between Koroth Thazhathethil Musthafa vs Melethil Kunhi Muhammed et al regarding perpetual injunction
Case Code Year
Case between Koroth Thazhathethil Musthafa vs Melethil Kunhi Muhammed et al regarding perpetual injunction

Quick Facts

Location
Tirur
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Case Filed
Sun, 01/01/2012 - 12:00
Case Closed
Mon, 03/20/2017 - 12:00
From
Wed, 03/01/2017 - 12:00
To
Fri, 03/31/2017 - 12:00
Outcome Confidence
95%

Involved Entities

Private Individual

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