Case Summary
Plaintiff sought permanent prohibitory injunction to prevent obstruction and encroachment on their property. Defendants were restrained by the court from causing any interference with plaintiff's peaceful possession.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction
Case Type
Civil Suit - Permanent prohibitory injunction
Final Judgment
No
The court granted permanent prohibitory injunction restraining defendants from obstructing the plaintiff's peaceful possession of the property.
Why Plaintiff Won:
The plaintiff proved the exclusive ownership and possession of the property with cogent and reliable evidence.
The plaintiff proved the exclusive ownership and possession of the property with cogent and reliable evidence.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
Since the defendant remains ex parte, nothing is there for before this court to unruffled the evidence adduced by the plaintiff. Hence the plaintiff proved his case with cogent and reliable evidence.
Judgment Evidence:
In the result the suit is decreed as follows:- Defendant is restrained by way of permanent prohibitory injunction from making any obstruction to the plaintiff in his peaceful possession of the plaint schedule property or from encroaching into plaint schedule property or setting out a way or from remove the stones stored by plaintiff in the plaint schedule property. Defendant shall pay cost of the suit.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Muhammed Ashraf
- Party Age
- 53
- Relation
- Son of Chittakath
- Party Role
- Defendant
- Party Name
- Abdul Latheef
- Party Age
- 35
- Relation
- Son of Chittakath Pottammal Kunhikoyamu Haji
- Party Role
- Defendant
- Party Name
- Velladath Moideen
- Party Age
- 54
- Relation
- Son of Kunheen
Plaintiffs Documents
Jenm Assignment Deed dated 26-03-2003, Photographs
Defendants Documents
Not mentioned
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.C.Nandakumar
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt.Deepa Gopinath
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.M.K.Moosakutty
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Prohibitory Injunction
Outcome:
Granted
Description:
To prevent obstruction and encroachment on the plaintiff's property
Evidence:
In the result the suit is decreed as follows:- Defendant is restrained by way of permanent prohibitory injunction from making any obstruction to the plaintiff in his peaceful possession of the plaint schedule property or from encroaching into plaint schedule property or setting out a way or from remove the stones stored by plaintiff in the plaint schedule property.
Documents & Evidence
Document Type:
Jenm Assignment Deed
Submitted By:
Plaintiff
Relevance:
Document dated 26-03-2003 proving ownership
Reference:
A1
Document Type:
Photograph
Submitted By:
Plaintiff
Relevance:
Photographic evidence of the property
Reference:
A2
Case Classification
Case Type
Civil Suit - Permanent Prohibitory Injunction
Category
Injunction and Access Rights
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Property Encroachment
Case Code
Case between Muhammed Ashraf et al vs Abdul Latheef et al regarding property injunction
Case Code Year
Case between Muhammed Ashraf et al vs Abdul Latheef et al regarding property injunction