ORIGINAL SUIT No. 293 OF 2016

Case between Muhammed et al vs Haneefa et al regarding property ownership

Court

Court of the Munsiff of Tirur

Judge

Smt.NIMMI.K.K.

Order Date

2018-12-21

Duration

2 years 11 months

Case Closed

Fri, 12/21/2018 - 12:00

Judgement document from eCourt website

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Case Summary

Two plaintiffs sought perpetual injunction against defendants to prevent interference with their ownership and possession of a property.

Judgment Outcome

Plaintiff Won

Interim Order

The court decreed perpetual injunction restraining defendants from entering or disturbing plaintiffs' peaceful enjoyment of the property. Plaintiffs were awarded costs of the proceedings.

Judgment Favored

Plaintiff

Relief Granted

Perpetual injunction, Costs

Case Type

Civil Suit - Perpetual Injunction

Final Judgment

The court decreed perpetual injunction restraining defendants from entering or disturbing plaintiffs' peaceful enjoyment of the property. Plaintiffs were awarded costs of the proceedings.

Why Plaintiff Won:
Reason not clearly mentioned

Losing Side's Weaknesses:
Reason not clearly mentioned

Supporting Evidence

The court found that the plaint schedule property is in the ownership and possession of the plaintiffs with no contradictory evidence presented by the defendants.

Judgment Evidence:

The defendants and their men are hereby restrained by way of perpetual injunction from entering and from taking possession of the plaint schedule property.

Parties Involved

Parties

Party Role: Plaintiff
Party Name: Muhammed
Party Age: 61
Relation: S/o. Vadakkayil Moideen

Party Role: Plaintiff
Party Name: Kadeeja
Party Age: 48
Relation: W/o Muhammed, D/o Mattath Muhammed

Party Role: Defendant
Party Name: Haneefa
Party Age: 35
Relation: S/o. Kunnummal Hamza

Party Role: Defendant
Party Name: Rukkiya
Party Age: 30
Relation: W/o Haneefa

Plaintiffs Documents

Gift Deed No. 3718/2009, Gift Deed No. 722/2014, Tax receipts

Defendants Documents

Not available

Advocates

Party Role: Plaintiff
Advocate Name: Sri. N. Badarudeen
Appearance Type: Main Counsel

Party Role: Plaintiff
Advocate Name: Sri. N. Muhammed Haneefa
Appearance Type: Main Counsel

Reliefs

Relief Type: Perpetual Injunction

Outcome: Granted

Description:

Restraining defendants from entering or disturbing peaceful enjoyment of property

Evidence:

The defendants and their men are hereby restrained by way of perpetual injunction from entering and from taking possession of the plaint schedule property.

Relief Type: Costs

Outcome: Granted

Description:

Plaintiffs entitled to costs of the entire proceedings from defendants or their assets

Evidence:

The plaintiffs are entitled to get costs of the entire proceedings from the defendants or from their assets.

Documents & Evidence

Document Type: Gift Deed

Submitted By: Plaintiff

Relevance:

Property ownership documents

Reference:

No. 3718/2009, No. 722/2014

Document Type: Tax Receipts