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Original Suit No. 363/2021

Case between Manikkoth Shabin vs Fathima regarding permanent prohibitory injunction

Court
COURT OF THE ADDITIONAL MUNSIFF- II, KOZHIKODE
Judge
Smt. Meera John.K
Order Date
2025-01-22
Duration
approximately-3 years 6 months
Case Closed
Wed, 01/22/2025 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

Manikkoth Shabin is the plaintiff who filed a suit for permanent prohibitory injunction against Fathima, the first defendant. The case involves a dispute over the use of property that the plaintiff has been occupying under a license agreement.

Judgment Outcome

Defendant Won
Interim Order
The court dismissed the plaintiff's suit for permanent prohibitory injunction, stating that the plaintiff, being a trespasser, cannot seek injunction against the true owner.
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court dismissed the plaintiff's suit for permanent prohibitory injunction, stating that the plaintiff, being a trespasser, cannot seek injunction against the true owner.
Key Reasoning:
The plaintiff was found to be a trespasser as the licence agreement had expired.
Why Defendant Won:
The plaintiff was found to be a trespasser as the licence agreement had expired.
Supporting Evidence
An injunction cannot be issued in favour of a trespasser or a person who gained unlawful possession, as against the owner.

Judgment Evidence:

In the result, the suit is dismissed with costs of the defendants.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Manikkoth Shabin
Party Age
47
Relation
S/o
Party Role
Defendant
Party Name
Fathima
Party Age
49
Relation
W/o
Plaintiffs Documents
Photocopy of licence agreement dated 01.01.2020, Report of Malayala Manorama Daily.
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Sri.P.G.Sreejith
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Sri.M.Vinod Kumar
Appearance Type
Main Counsel

Reliefs

Relief Type: Permanent Injunction
Outcome: Refused
Description:
The plaintiff sought a permanent prohibitory injunction against the defendants to protect his possession of the property.
Evidence:
Considering the same, I am of the view that the plaintiff cannot seek injunction against the true owner since the status of the plaintiff is of a trespasser.

Documents & Evidence

Document Type: Licence agreement
Submitted By: Plaintiff
Relevance:
The plaintiff provided a photocopy of the licence agreement to show his entitlement to use the property.
Reference:
Ext.A1
Document Type: Report
Submitted By: Plaintiff
Relevance:
The report was marked as evidence to support the plaintiff's claims.
Reference:
Ext.A2

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 Manikkoth Shabin vs Fathima regarding permanent prohibitory injunction
Case Code Year
Case between Manikkoth Shabin vs Fathima regarding permanent prohibitory injunction

Quick Facts

Location
Kozhikode
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Case Filed
Thu, 07/01/2021 - 12:00
Case Closed
Wed, 01/22/2025 - 12:00
From
Wed, 01/01/2025 - 12:00
To
Fri, 02/28/2025 - 12:00
Outcome Confidence
95%

Involved Entities

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