Case Summary
The case involves Najitha.S as the plaintiff seeking a temporary injunction against Naushad and others regarding property usage and construction rights. The dispute centers on the peaceful enjoyment of certain amenities situated on the property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Temporary prohibitory injunction against the defendants from interfering with or demolishing the structures.
Case Type
Civil Suit
Final Judgment
No
The court allowed the plaintiff's application for a temporary injunction, restraining the defendants from interfering with the plaintiff's usage of the property amenities pending the suit's resolution.
Why Plaintiff Won:
The court found a strong prima facie case in favor of the plaintiff and determined that the balance of convenience lies with her.
The court found a strong prima facie case in favor of the plaintiff and determined that the balance of convenience lies with her.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The plaintiff has established a prima facie case, and the balance of convenience tilts in her favour. Therefore, prima facie, the plaintiff’s possession and use of the facilities in the plaint B schedule property appears to be longstanding, established, and potentially protected under the doctrine of irrevocable license...
Judgment Evidence:
In the result, IA 5/2025 is dismissed and IA 1/2024 is allowed as follows: Restraining the defendants 1 to 3 and their agents from interfering with the peaceful enjoyment of the latrine, storeroom, bathroom and open well in plaint B schedule by the plaintiff, 4th defendant and their family members...
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Najitha.S
- Party Age
- 44
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Naushad
- Party Age
- 46
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Mohammed Rashid
- Party Age
- 20
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Aadhil Mohammed
- Party Age
- 19
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Nizamudeen
- Party Age
- 54
- Relation
- S/o
Plaintiffs Documents
Copy of Sale Deed No. 4212/2004, Land Tax Receipt
Defendants Documents
Copy of Memorandum of Agreement in MC. 75/13, Copy of Settlement Deed No. 2053/14
Advocates
- Party Role
- Plaintiff
- Advocate Name
- D. Baijukumar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- V.Jyothi Sagar
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Temporary Injunction
Outcome:
Granted
Description:
Restraining the defendants 1 to 3 from interfering with the peaceful enjoyment of the latrine, storeroom, bathroom and open well in plaint B schedule.
Evidence:
IA 1/2024 is allowed as follows: restraining the defendants 1 to 3 and their agents from interfering with the peaceful enjoyment of the latrine, storeroom, bathroom and open well in plaint B schedule by the plaintiff.
Relief Type:
Temporary Injunction
Outcome:
Refused
Description:
Request by defendants 2 and 3 seeking an order to restrain the plaintiff from interfering with their possession of plaint B schedule.
Evidence:
IA 5/2025 is dismissed.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Shows that the 1st plaintiff and the 4th defendant are the absolute owners of the plaint A schedule property.
Reference:
Ext.A1
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Indicates the payment of tax for the plaint A schedule property.
Reference:
Ext.A2
Document Type:
Memorandum of Agreement
Submitted By:
Defendant
Relevance:
Relevant to the title and rights concerning plaint B schedule property.
Reference:
Ext.B1
Document Type:
Attachment Lifting Order
Submitted By:
Defendant
Relevance:
Provides context about previous judicial decisions affecting the property.
Reference:
Ext.B2
Document Type:
Order
Submitted By:
Defendant
Relevance:
Related to prior proceedings affecting the parties.
Reference:
Ext.B3
Document Type:
Settlement Deed
Submitted By:
Defendant
Relevance:
Documents the transfer of title to defendants 2 and 3.
Reference:
Ext.B5
Document Type:
Land Tax Receipt
Submitted By:
Defendant
Relevance:
Indicates tax payment related to the plaint B schedule property.
Reference:
Ext.B6
Document Type:
Receipts
Submitted By:
Defendant
Relevance:
Relates to educational expenses indicating financial background.
Reference:
Ext.B7
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Provides findings regarding the state of properties and their use.
Reference:
Ext.C1
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Case Code
OS.
Case Code Year
2024