Case Summary
This case involves plaintiffs Muhammed Faisal and Ahammed Kutty Gurukkal seeking an injunction against the defendant Muhammed @ Kunhippa. The plaintiffs allege that the defendant is obstructing their use of a road for their granite business.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent Prohibitory Injunction from trespassing into the plaint B schedule property
Case Type
Injunction
Final Judgment
No
The court ruled in favor of the plaintiffs, granting an injunction against the defendant to prevent trespassing and obstruction of the road. The defendant was also ordered to pay the costs of the suit.
Why Plaintiff Won:
The plaintiffs proved their case by providing reliable evidence and the defendant did not challenge the claims as he remained ex parte.
The plaintiffs proved their case by providing reliable evidence and the defendant did not challenge the claims as he remained ex parte.
Losing Side's Weaknesses:
The plaintiffs proved their case by providing reliable evidence and the defendant did not challenge the claims as he remained ex parte.
The plaintiffs proved their case by providing reliable evidence and the defendant did not challenge the claims as he remained ex parte.
Supporting Evidence
The plaintiffs adduced evidence in tune with the averments in the plaint. Since the defendant remained ex parte, the evidence adduced by the plaintiff remained unchallenged. I find no reason to disbelieve PW1. So, the plaintiffs have proved their case by adducing cogent and reliable evidence and the plaintiffs are entitled to get a decree as prayed for.
Judgment Evidence:
In the result, the suit is decreed as follows:- 1. The defendant and their men are restrained, by way of Permanent Prohibitory Injunction, from trespassing into the plaint B schedule property and alter its lie and nature. II. The defendant and their men are further restrained from interfering with the vehicular access through the B schedule road by the plaintiff. III. The defendant shall pay the costs of the suit to the plaintiff.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Muhammed Faisal
- Party Age
- 44
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Ahammed Kutty Gurukkal
- Party Age
- 60
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Muhammed @ Kunhippa
- Party Age
- 44
- Relation
- S/o
Plaintiffs Documents
Agreement dated 16.08.2016, Tax receipt, dated 29.08.2016
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. K.V. Sabu
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. K.M. Shihab
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
The defendant and their men are restrained from trespassing into the plaint B schedule property and altering its lie and nature.
Evidence:
the suit is decreed as follows:- 1.The defendant and their men are restrained, by way of Permanent Prohibitory Injunction, from trespassing into the plaint B schedule property and alter its lie and nature.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
The defendant and their men are restrained from interfering with the vehicular access through the B schedule road by the plaintiff.
Evidence:
the suit is decreed as follows:- II.The defendant and their men are further restrained from interfering with the vehicular access through the B schedule road by the plaintiff.
Relief Type:
Costs
Outcome:
Granted
Description:
The defendant shall pay the costs of the suit to the plaintiff.
Evidence:
the suit is decreed as follows:- III.The defendant shall pay the costs of the suit to the plaintiff.
Documents & Evidence
Document Type:
Agreement
Submitted By:
Plaintiff
Relevance:
The agreement permitting plaintiff No.1 to use the western side of the property of plaintiff No.2 along with the existing road.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
A tax receipt supporting the plaintiffs' claim regarding the property.
Reference:
Ext.A2
Document Type:
Commission Report
Submitted By:
Court
Relevance:
A commission report relevant to the case.
Reference:
Ext.C1
Document Type:
Commission Plan
Submitted By:
Court
Relevance:
A commission plan relevant to the case.
Reference:
Ext.C2
Case Classification
Case Type
Injunction
Category
Other Civil Cases
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Case Code
Case between Muhammed Faisal et al vs Muhammed @ Kunhippa regarding Injunction
Case Code Year
Case between Muhammed Faisal et al vs Muhammed @ Kunhippa regarding Injunction