Case Summary
The plaintiffs, including a minor represented by his grandmother, seek a perpetual injunction against the defendant, who is allegedly threatening the plaintiffs' right over the property and has previously entered forcefully. The case involves property disputes and safety concerns following a complex familial relationship.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendant is hereby restrained from entering forcefully in to the plaint schedule property or cause any destructions to the same by way of perpetual injunction.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The unchallenged evidence of the plaintiffs supported by marked documents proves their case.
The unchallenged evidence of the plaintiffs supported by marked documents proves their case.
Judgment Evidence:
In the result, the suit is decreed with costs as follows:- The defendant is hereby restrained from entering forcefully in to the plaint schedule property or cause any destructions to the same by way of perpetual injunction.
Parties Involved
Plaintiffs
Muhammed Ashmil Mirash (13 years years)
Pattarumadam House, Allapra P.O., Vengola Kara, Vengola Village, Kunnathunadu Taluk, Ernakulam District, Pin : 683556
Amina Aboobacker (58 years years)
Vellekkattil House, Allapra P.O., Vengola Kara, Vengola Village, Kunnathunadu Taluk, Ernakulam District, Pin : 683556
Defendants
Laila Kabeer (39 years years)
Near Perumbavoor KSRTC Stand, Opp. Old M.L.A. Office, Perumbavoor, Pin : 683542
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Request for the defendant to be restrained from entering the plaint schedule property.
Evidence:
The defendant is hereby restrained from entering forcefully in to the plaint schedule property or cause any destructions to the same by way of perpetual injunction.
Documents & Evidence
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
This document evidences the settlement of the property gifted to the first plaintiff.
Reference:
Ext.A1
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
This document relates to the sale of property by the second plaintiff in favor of the first plaintiff.
Reference:
Ext.A2
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
This document concerns another sale deed relevant to the property in question.
Reference:
Ext.A3
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
This receipt demonstrates the tax payment for the land.
Reference:
Ext.A4
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
This receipt evidences the payment of building tax.
Reference:
Ext.A5
Document Type:
Ownership Certificate
Submitted By:
Plaintiff
Relevance:
This document certifies the ownership of the property in favor of the plaintiffs.
Reference:
Ext.A6
Document Type:
Sale Agreement
Submitted By:
Plaintiff
Relevance:
This document is a sale agreement involving the property.
Reference:
Ext.A7
Document Type:
Sale Agreement
Submitted By:
Plaintiff
Relevance:
Another sale agreement related to the property in question.
Reference:
Ext.A8
Document Type:
Complaint
Submitted By:
Plaintiff
Relevance:
This document is a complaint lodged with the Child Welfare Committee.
Reference:
Ext.A9
Document Type:
Complaint
Submitted By:
Plaintiff
Relevance:
This document is a complaint filed before the SHO, discussing domestic issues.
Reference:
Ext.A10
Document Type:
Complaint
Submitted By:
Plaintiff
Relevance:
Another complaint filed before the SHO regarding domestic disturbances.
Reference:
Ext.A11
Document Type:
Proceedings
Submitted By:
Plaintiff
Relevance:
This document contains procedural information regarding a specific motion at the magistrate court.
Reference:
Ext.A12
Document Type:
Proceedings
Submitted By:
Plaintiff
Relevance:
This document details further proceedings in the magistrate court.
Reference:
Ext.A13
Document Type:
Complaint
Submitted By:
Plaintiff
Relevance:
This document is another complaint filed before the SHO.
Reference:
Ext.A14
Document Type:
F.I.R.
Submitted By:
Plaintiff
Relevance:
This document provides details of a police report regarding previous incidents.
Reference:
Ext.A15
Document Type:
Photographs
Submitted By:
Plaintiff
Relevance:
This document consists of photographs submitted as evidence in the case.
Reference:
Ext.A16
Document Type:
Commission Report
Submitted By:
Court
Relevance:
This report was prepared by the Advocate Commissioner for the court proceedings.
Reference:
Ext.C1
Document Type:
Rough Sketch
Submitted By:
Court
Relevance:
This sketch accompanies the commission report, providing visual evidence.
Reference:
Ext.C1(a)