Case Summary
Nabeel Kabeer is the plaintiff who is seeking a permanent prohibitory injunction against defendants Shanavas and Asmitha Shanavas over a property dispute. The defendants are alleged to be attempting to trespass into the plaintiff's property and obstructing his enjoyment of it.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction restraining the defendants from trespassing into the plaint schedule property
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, granting a permanent prohibitory injunction against the defendants. Plaintiff is also entitled to recover the cost of the suit from the defendants.
Why Plaintiff Won:
The evidence adduced by the plaintiff remained unrebutted, indicating his rightful possession over the property.
The evidence adduced by the plaintiff remained unrebutted, indicating his rightful possession over the property.
Losing Side's Weaknesses:
The evidence adduced by the plaintiff remained unrebutted, indicating his rightful possession over the property.
The evidence adduced by the plaintiff remained unrebutted, indicating his rightful possession over the property.
Supporting Evidence
The commissioner reported that he could not see defendants in the plaint schedule property... Hence possession of plaintiff over plaint schedule property is proved.
Judgment Evidence:
In the result, the suit is decreed as follows: 1A decree of permanent prohibitory injunction is granted in favour of plaintiff restraining the defendants from trespassing into plaint schedule property, interfering with the peaceful possession and enjoyment of plaintiff over the plaint schedule property and committing any waste therein.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Nabeel Kabeer
- Party Age
- 42
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Shanavas
- Party Age
- 50
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Asmitha Shanavas
- Party Age
- 46
- Relation
- W/o
Plaintiffs Documents
Certified copy of Sale Deed No. 1252/24, Tax receipt, Building Tax Receipt, Original power of attorney
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Riyas Bin Karim
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Bilu G.
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Prohibitory injunction against defendants from trespassing into the property.
Evidence:
A decree of permanent prohibitory injunction is granted in favour of plaintiff restraining the defendants from trespassing into plaint schedule property, interfering with the peaceful possession and enjoyment of plaintiff over the plaint schedule property and committing any waste therein.
Relief Type:
Other
Outcome:
Granted
Description:
Cost of the suit awarded to the plaintiff.
Evidence:
Plaintiff is entitled to get the cost of the suit from the defendants.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Copy of sale deed establishing plaintiff's ownership.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Document showing tax payments for the property.
Reference:
Ext.A2
Document Type:
Building Tax Receipt
Submitted By:
Plaintiff
Relevance:
Receipt indicating property tax liabilities.
Reference:
Ext.A3
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
Original document stating authority granted to the power of attorney holder.
Reference:
Ext.A4
Document Type:
Mahazar
Submitted By:
Court
Relevance:
Document prepared by the commissioner reporting the findings.
Reference:
Ext.C1
Document Type:
Sketch
Submitted By:
Court
Relevance:
Rough sketch prepared by the commissioner in relation to the property.
Reference:
Ext.C1(a)
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Kanjirappally
Common Reasons
Case Code
O.S
Case Code Year
2024