Case Summary
The plaintiffs, who are brothers, are seeking a permanent prohibitory injunction and damages against the defendant, their vendor, for attempting to demolish part of their property boundary wall. They allege that the defendant's actions threaten their possession and enjoyment of the property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction and ₹10,000 with interest at 6% per annum from the date of suit till realization.
Case Type
Civil Suit
Final Judgment
No
The court granted a permanent prohibitory injunction against the defendant and awarded damages of ₹10,000 to the plaintiffs for the destruction of their property boundary wall.
Why Plaintiff Won:
The plaintiffs successfully proved their title and possession over the plaint schedule property.
The plaintiffs successfully proved their title and possession over the plaint schedule property.
Losing Side's Weaknesses:
The plaintiffs successfully proved their title and possession over the plaint schedule property.
The plaintiffs successfully proved their title and possession over the plaint schedule property.
Supporting Evidence
The right, title and possession of plaintiffs over the plaint schedule property is something that has to be protected as against the defendant and that an order of injunction as prayed for is required to ensure such aspect.
Judgment Evidence:
In the result, the suit is decreed as follows: A decree of permanent prohibitory injunction is passed restraining the defendant from trespassing into the plaint schedule property, demolishing the compound wall of the plaint schedule property, interfering with the repairs and maintenance of the boundaries of the plaint schedule property including the reconstruction of the compound wall and from doing anything detrimental to the plaintiffs' peaceful possession and enjoyment of the plaint schedule property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Muhammadali
- Party Age
- 49
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Shemeer
- Party Age
- 46
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Nissar
- Party Age
- 43
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- K.S Chinmayan
- Party Age
- 52
- Relation
- S/o
Plaintiffs Documents
Sale Deed No. 2429/2015, Basic Tax Receipts, Possession Certificate, Location Plan Certificate
Defendants Documents
S.S.I Registration Certificate, Consumer Registration Card issued by KSEB, Certified copy of Order in Bail Application No. 9353/2019
Advocates
- Party Role
- Plaintiff
- Advocate Name
- A. Balagopalan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- A. Rajagopalan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- R. Rajesh
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- M.N Manmadan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Karthika S Varma
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Salim
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- A. Jayasankar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Manu Govind
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Restraining the defendant from trespassing into the plaint schedule property.
Evidence:
A decree of permanent prohibitory injunction is passed restraining the defendant from trespassing in to the plaint schedule property.
Relief Type:
Damages
Outcome:
Granted
Description:
Compensation for the destruction of the northern wall.
Evidence:
The plaintiffs are entitled to recover an amount of ₹10,000/- from the defendant, for the damaged caused to the northern wall.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Proves the plaintiff's title over the plaint schedule property.
Reference:
Ext.A1
Document Type:
Basic Tax Receipt
Submitted By:
Plaintiff
Relevance:
Shows payment of property tax for the year 2015-2016.
Reference:
Ext.A3
Document Type:
Basic Tax Receipt
Submitted By:
Plaintiff
Relevance:
Shows payment of property tax for the year 2016-2017.
Reference:
Ext.A4
Document Type:
Possession Certificate
Submitted By:
Plaintiff
Relevance:
Establishes that the plaintiffs are in possession of the plaint schedule property.
Reference:
Ext.A5
Document Type:
Location Plan Certificate
Submitted By:
Plaintiff
Relevance:
Indicates the location of the plaint schedule property.
Reference:
Ext.A6
Document Type:
Survey Sketch
Submitted By:
Plaintiff
Relevance:
Provides additional details on the plaint schedule property.
Reference:
Ext.A7
Document Type:
Basic Tax Receipt
Submitted By:
Plaintiff
Relevance:
Shows payment of property tax for the year 2019-2020.
Reference:
Ext.A8
Document Type:
Basic Tax Receipt
Submitted By:
Plaintiff
Relevance:
Shows payment of property tax for the year 2021.
Reference:
Ext.A9
Document Type:
Basic Tax Receipt
Submitted By:
Plaintiff
Relevance:
Shows payment of property tax for the year 2023-2024.
Reference:
Ext.A10
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Contains findings of the local inspection of the plaint schedule property.
Reference:
Ext.C1
Document Type:
Rough Sketch
Submitted By:
Court
Relevance:
Accompanies the commission report.
Reference:
Ext.C1(a)
Document Type:
Photographs
Submitted By:
Court
Relevance:
Documents the state of the plaint schedule property.
Reference:
Ext.C1(b)
Document Type:
DVD
Submitted By:
Court
Relevance:
Contains video evidence relevant to the case.
Reference:
Ext.C1(c)
Document Type:
S.S.I Registration Certificate
Submitted By:
Defendant
Relevance:
Establishes the defendant's ownership of the workshop.
Reference:
Ext.B1
Document Type:
Consumer Registration Card
Submitted By:
Defendant
Relevance:
Provides information regarding the defendant's workshop's status.
Reference:
Ext.B2
Document Type:
Certified copy of Order
Submitted By:
Defendant
Relevance:
Contains details related to the defendant's bail in a separate matter.
Reference:
Ext.B3
Document Type:
Certified copy of Memorandum of Writ Petition
Submitted By:
Defendant
Relevance:
Pertains to the defendant's grievances regarding police harassment.
Reference:
Ext.B4
Document Type:
Demand Notice
Submitted By:
Defendant
Relevance:
Indicates pending property tax payment associated with the defendant.
Reference:
Ext.B5
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between Muhammadali et al vs K.S Chinmayan regarding permanent prohibitory injunction and damages
Case Code Year
Case between Muhammadali et al vs K.S Chinmayan regarding permanent prohibitory injunction and damages
Case Flags
Imprisonment Involved
Arrest Involved
Imprisonment Duration
Unknown