Case Summary
Plaintiffs seek permanent prohibitory injunction against defendants for obstructing plaintiff's peaceful possession of a property and encroaching into it.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction
Case Type
Civil Suit - Injunction
Final Judgment
No
The court granted permanent prohibitory injunction restraining defendants from obstructing plaintiff's possession or encroaching the property.
Why Plaintiff Won:
Plaintiff proved the exclusive ownership and possession of the plaint schedule property supported by cogent and reliable evidence.
Plaintiff proved the exclusive ownership and possession of the plaint schedule property supported by cogent and reliable evidence.
Losing Side's Weaknesses:
Plaintiff proved the exclusive ownership and possession of the plaint schedule property supported by cogent and reliable evidence.
Plaintiff proved the exclusive ownership and possession of the plaint schedule property supported by cogent and reliable evidence.
Supporting Evidence
Since the defendant remained ex-parte, the plaintiff's evidence was uncontested, proving his case with reliable evidence.
Judgment Evidence:
The suit is decreed in favor of the plaintiff granting permanent prohibitory injunction against the defendant.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Muhammed Ashraf
- Party Age
- 53
- Relation
- S/o Chittakath
- Party Role
- Plaintiff
- Party Name
- Pottammal Kunhikoyamu Haji
- Relation
- Thirunnavaya amsom & Grama Panchayath
- Party Role
- Defendant
- Party Name
- Abdul Latheef
- Party Age
- 35
- Relation
- S/o Chittakath Pottammal Kunhikoyamu Haji
- Party Role
- Defendant
- Party Name
- Velladath Moideen
- Party Age
- 54
- Relation
- S/o Kunheen
Plaintiffs Documents
Jenm Assignment Deed dated 26-03-2003, Photographs etc
Defendants Documents
Not available
Advocates
Reliefs
Relief Type:
Injunction
Outcome:
Granted
Description:
Restrain defendant from obstructing peaceful possession or encroaching property
Evidence:
The suit is decreed in favor of the plaintiff granting permanent prohibitory injunction against the defendant.
Documents & Evidence
Document Type:
Jenm Assignment Deed
Submitted By:
Plaintiff
Relevance:
Establishing exclusive ownership by plaintiff of the plaint schedule property.
Reference:
Ext.A1
Document Type:
Photograph
Submitted By:
Plaintiff
Relevance:
Supporting evidence for plaintiff's claim.
Reference:
Ext.A2
Document Type:
Photograph
Submitted By:
Plaintiff
Relevance:
Supporting evidence for plaintiff's claim.
Reference:
Ext.A3
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Court exhibit submitted by Advocate Commissioner.
Reference:
C1
Document Type:
Commission Plan
Submitted By:
Court
Relevance:
Court exhibit submitted by Advocate Commissioner.
Reference:
C2
Case Classification
Case Type
Civil Suit - Injunction
Category
Injunction and Access Rights
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Unlawful obstruction
Case Code
Case between Muhammed Ashraf et al vs Abdul Latheef et al regarding injunction
Case Code Year
Case between Muhammed Ashraf et al vs Abdul Latheef et al regarding injunction