Case Summary
Mr. Najeeb Abdulkhadir, through his power of attorney, filed a suit against Deepa Ganeshan and her husband for a permanent prohibitory injunction to stop them from illegally occupying a property he purchased. The property was previously owned by the defendants and was auctioned after a mortgage default.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction restraining the defendants from obstructing the plaintiff's peaceful enjoyment and ownership of the property.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The plaintiff established legal title and possession of the property, and the defendants offered no evidence to contest the claims.
The plaintiff established legal title and possession of the property, and the defendants offered no evidence to contest the claims.
Judgment Evidence:
A decree of permanent prohibitory injunction is passed restraining the defendants 1 & 2 from obstructing the peaceful enjoyment and ownership of the plaint schedule property.
Parties Involved
Plaintiffs
Mr. Najeeb Abdulkhadir (51 years years)
Perumpadanna, North, Ernakulam- 683513
Defendants
Deepa Ganeshan (40 years years)
Sreekovil, Azhakanthara House, Azhakanthara Lane, Elamkulam Village, Kannayannur Taluk, Ponoth Road, Kaloor, Ernakulam (District), Kerala 682017
Nangyarath Ayyuni Ganesh (44 years years)
Sreekovil, Azhakanthara House, Azhakanthara Lane, Elamkulam Village, Kannayannur Taluk, Ponoth Road, Kaloor, Ernakulam (District), Kerala -682017
Authorized Officer, JM Financial Asset Reconstruction Company Limited (Age not specified years)
7th Floor, Cnergy, Appasheb, Marathe marg, Prabhadevi, Mumbai, Maharashtra, Pin-400025
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
A decree of permanent prohibitory injunction restraining the defendants from obstructing the peaceful enjoyment and ownership of the property.
Evidence:
A decree of permanent prohibitory injunction is passed restraining the defendants 1 & 2 from obstructing the peaceful enjoyment and ownership of the plaint schedule property.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to realize costs of the suit from the defendants.
Evidence:
The plaintiff is entitled to realize costs of the suit from the defendants 1 & 2 and from their assets.
Documents & Evidence
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
Establishes the authority of the plaintiff as the power of attorney holder.
Reference:
Ext.A1
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Proves the legal title of the plaint schedule property held by the plaintiff.
Reference:
Ext.A2
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Provides evidence of payment of land tax for the property.
Reference:
Ext.A3
Document Type:
Building Tax Receipt
Submitted By:
Plaintiff
Relevance:
Confirms the payment of building tax for the ground floor.
Reference:
Ext.A4
Document Type:
Building Tax Receipt
Submitted By:
Plaintiff
Relevance:
Confirms the payment of building tax for the first floor.
Reference:
Ext.A5