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O.S. No. 682 /2024

Case between Navas Sherief Basheer et al vs Gladis M Charly et al regarding temporary injunction.

Court
COURT OF MUNSIFF, ERNAKULAM
Judge
Smt. Needi.K. Dinamany
Order Date
2024-12-10
Duration
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

This case involves a petition for temporary injunction filed by Navas Sherief Basheer and Sainul Abid against Gladis M Charly and others. The plaintiffs seek to prevent the defendants from using certain properties they claim ownership over, which the defendants contest.

Judgment Outcome

Defendant Won
Interim Order
The petition for temporary injunction was dismissed as the petitioners failed to prove ownership and a prima facie case regarding the properties. The court determined that the balance of convenience favored the defendants.
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The petition for temporary injunction was dismissed as the petitioners failed to prove ownership and a prima facie case regarding the properties. The court determined that the balance of convenience favored the defendants.
Key Reasoning:
The petitioners could not establish exclusive ownership or a prima facie case.
Why Defendant Won:
The petitioners could not establish exclusive ownership or a prima facie case.
Supporting Evidence
The petitioner has failed to prove a prima facie case in his favour. Also, the 3rd respondent herein claims a right of easement by prescription through plaint A and B schedule properties, so, if the injunction is granted it would result in the irreparable injury and loss to the 3rd respondent.

Judgment Evidence:

In the result, 1) Petition is dismissed.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Navas Sherief Basheer
Party Age
32
Relation
S/o
Party Role
Plaintiff
Party Name
Sainul Abid
Party Age
58
Relation
S/o
Party Role
Defendant
Party Name
Gladis M Charly
Party Age
51
Relation
W/o
Party Role
Defendant
Party Name
Tressa Joy
Party Age
22
Relation
D/o
Party Role
Defendant
Party Name
Anwar Sajith
Party Age
52
Relation
S/o
Plaintiffs Documents
Copy of Sale deed no. 2396/1/2023 of SRO, Maradu, Certified copy of Sale deed no. 978/1/2024 of SRO, Maradu, Copy of release deed no. 4259/2006, Copy of Power of Attorney executed by the 1st plaintiff in favour of Mr. T P Basheer.
Defendants Documents
Nil

Advocates

Party Role
Plaintiff
Advocate Name
Biju Abraham
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Sangeetha M
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Shaheer Ali Muhammed
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Arathi T S
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Akshai M Sivan
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Paul Mathew Vino
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Mary Berteena Benny
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Dini Lilly K J
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Amrin Fathima
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
V S Mansoor
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
J Ramkumar
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Akhil Binoy
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Ahammad Mizwar V P
Appearance Type
Main Counsel

Reliefs

Relief Type: Injunction
Outcome: Refused
Description:
Request for temporary injunction to restrain the respondents from using properties A and B.
Evidence:
The petitioner has failed to prove a prima facie case in his favour.

Documents & Evidence

Document Type: Sale deed
Submitted By: Plaintiff
Relevance:
Copy of Sale deed no. 2396/1/2023 of SRO, Maradu, establishes the plaintiffs' claimed rights over properties A and B.
Reference:
Ext.A1
Document Type: Sale deed
Submitted By: Plaintiff
Relevance:
Copy of Certified copy of Sale deed no. 978/1/2024 of SRO, Maradu, establishes the right of way relevant to the dispute.
Reference:
Ext.A2
Document Type: Release deed
Submitted By: Plaintiff
Relevance:
Copy of release deed no. 4259/2006, relevant to property history.
Reference:
Ext.A3
Document Type: Power of Attorney
Submitted By: Plaintiff
Relevance:
Copy of Power of Attorney executed by the 1st plaintiff in favour of Mr. T P Basheer, relevant to the representation of plaintiffs.
Reference:
Ext.A4
Document Type: Commission Report
Submitted By: Court
Relevance:
Commission Report filed by Adv. Anuros Martin, provides factual background related to the properties in question.
Reference:
Ext.C1

Case Classification

Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between Navas Sherief Basheer et al vs Gladis M Charly et al regarding temporary injunction.
Case Code Year
Case between Navas Sherief Basheer et al vs Gladis M Charly et al regarding temporary injunction.

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Case Closed
From
Sun, 12/01/2024 - 12:00
To
Tue, 12/31/2024 - 12:00
Outcome Confidence
90%

Involved Entities

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