Skip to main content
Niyamam AI Niyamam AI

Main navigation

  • Home
  • Lawyer Login
  • Lawyer Registration
  • About us
  • Contact
Original Suit No. 179 OF 2013

Case between Manakkattu thodi Muhammed Sahal et al vs Manakkattu thodi Endeen Kutty regarding injunction

Court
Court of the Munsiff of Tirur
Judge
Sri. Biju V.G., B.Sc., LL.B.
Order Date
2015-03-25
Duration
1 year 8 days
Case Closed
Wed, 03/25/2015 - 12:00

Judgement document from eCourt website

Judgment Document
Save Case Find Similar Cases

Case Summary

Plaintiff sought mandatory and prohibitory injunction against the defendant to prevent trespassing and demolition of property.

Judgment Outcome

Plaintiff Won
Interim Order
The court granted a perpetual injunction to prevent the defendant from entering and interfering with the plaintiff's possession and enjoyment of the property.
Judgment Favored
Plaintiff
Relief Granted
Perpetual injunction
Case Type
Civil Suit - Mandatory and Prohibitory Injunction
Final Judgment
No
The court granted a perpetual injunction to prevent the defendant from entering and interfering with the plaintiff's possession and enjoyment of the property.
Why Plaintiff Won:
Plaintiff provided cogent and reliable evidence of ownership and possession of the property, leading to the grant of injunction.
Losing Side's Weaknesses:
Plaintiff provided cogent and reliable evidence of ownership and possession of the property, leading to the grant of injunction.
Supporting Evidence
Though the plaintiff has got a contention that the defendant constructed a compound wall trespassing into the plaint A schedule item No.1 property, there is nothing in Ext.C3 and Ext.C4 to show that the defendant constructed any compound wall trespassing into the plaint A schedule property.

Judgment Evidence:

Therefore plaintiff is not entitled to get a mandatory injunction as claimed in the suit. Hence the plaintiff is entitled to get a perpetual injunction as prayed for.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Manakkattu thodi Muhammed Sahal
Party Age
28
Relation
S/o Kunhahammed
Party Role
Defendant
Party Name
Manakkattu thodi Endeen Kutty
Party Age
60
Relation
S/o Kunhahammed
Plaintiffs Documents
Jenm Assignment Deed No. 1047/1997, Jenm Assignment Deed No.2384/2006, Tax Receipts
Defendants Documents
Not available

Advocates

Reliefs

Relief Type: Injunction
Outcome: Partly Granted
Description:
Perpetual injunction against defendant entering the property and interfering with plaintiff's possession and enjoyment.
Evidence:
The suit is decreed in part as follows:- 1. The defendant and his men are restrained by a perpetual injunction from entering into the plaint schedule property and interfering with the possession and enjoyment of the plaint schedule property by the plaintiff.

Documents & Evidence

Document Type: Jenm Assignment Deed
Submitted By: Plaintiff
Relevance:
Evidencing property purchase 28 years ago
Reference:
Ext.A1
Document Type: Tax receipt
Submitted By: Plaintiff
Relevance:
Proof of tax payment for the property
Reference:
Ext.A3, Ext.A4
Document Type: Commissioner's Report, Sketch
Submitted By: Court
Relevance:
Boundary inspection and plan
Reference:
Ext.C1, Ext.C2, Ext.C3, Ext.C4

Case Classification

Case Type
Civil Suit - Mandatory and Prohibitory Injunction
Category
Injunction and Access Rights
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Property boundary dispute
Case Code
Case between Manakkattu thodi Muhammed Sahal et al vs Manakkattu thodi Endeen Kutty regarding injunction
Case Code Year
Case between Manakkattu thodi Muhammed Sahal et al vs Manakkattu thodi Endeen Kutty regarding injunction

Quick Facts

Location
Tirur
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Case Filed
Sun, 03/17/2013 - 12:00
Case Closed
Wed, 03/25/2015 - 12:00
From
Sun, 03/01/2015 - 12:00
To
Tue, 03/31/2015 - 12:00
Outcome Confidence
90%

Involved Entities

Private Individual

Similar Cases

Case between Vazhakkat Muhammed's son llaneefa et al vs Vazhakat Muhammed's son Mijeed regarding injunction
Court of the Munsiff of Tirur
Civil Suit - Injunction Defendant Won
Case between Puliyoli Deepak vs Thottariyakath Faizal regarding injunction
Court of the Munsiff of Tirur
Civil Suit - Injunction Dismissed
Case between Arichali Muhammed's children, Ayishakutty and Pathummakutty vs Chinnambat Muhammed's daughter, Aminakutty regarding partition deed and boundary fixation
Court of the Munsiff of Tirur
Civil Suit - Fixation of Boundary and Perpetual Injunction Plaintiff Won
Case between Achutty Umma vs Asya et al regarding perpetual Injunction
Court of the Munsiff of Tirur
Civil Suit - Injunction Plaintiff Won
Case between Yoosaf Ali vs Abdul Salam regarding encroachment and right of way
Court of the Munsiff of Tirur
Civil Suit - Permanent Prohibitory Injunction Plaintiff Won