Case Summary
Navas Sherief Basheer and Sainul Abid filed a petition for temporary injunction against Gladis M Charly and others regarding the rights over certain properties. The petitioners alleged that the respondents were attempting to unlawfully use their properties for their benefit, causing potential harm.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
Key Reasoning:
The court found that the petitioners did not prove a prima facie case in their favor and that the balance of convenience did not favor the plaintiffs.
The court found that the petitioners did not prove a prima facie case in their favor and that the balance of convenience did not favor the plaintiffs.
Judgment Evidence:
In the result, the petition is dismissed. Considering the facts and circumstances of the case, parties are directed to bear their respective costs.
Parties Involved
Plaintiffs
Navas Sherief Basheer (32 years years)
Naseeb Manzil, SRM Road, Hamsakunj Lane, Ernakulam Village, Kanayanoor Taluk, Ernakulam- 682017
Sainul Abid (58 years years)
Sirangan House, Unity Lane, Deshabhimani Road, Kaloor Desom, Elamkulam Village, Kanayannur Taluk, Kaloor P O, Ernakulam- 682017
Defendants
Gladis M Charly @ Gladis Joy (51 years years)
Kadambanatt House, Vallichira Village, Kudakkachira P O, Meenachil Taluk, Kottayam- 686635
Tressa Joy (22 years years)
Maniyakuparayil, Poovathodu P O, Kondoor, Ampara Nirappel, Poovathodu Kara, Kondoor Village, Meenachil Taluk, Kottayam, Pin- 686578
Anwar Sajith (52 years years)
Villa No. 17, ABC Homes, Judgemukku, Kakkanad Kara, Vazhakkala Village, Kanayannur Taluk, Thrikkakara P O, Ernakulam- 682021
Reliefs
Relief Type:
Temporary Injunction
Outcome:
Refused
Description:
Petition for temporary injunction to restrain the respondents from using the 'A' and 'B' properties.
Evidence:
The petitioner has failed to prove that petitioner is in exclusive enjoyment of plaint A and B schedule properties.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Establishes ownership of the 'A' and 'B' schedule properties by the plaintiffs.
Reference:
Ext.A1
Document Type:
Certified copy of Sale Deed
Submitted By:
Plaintiff
Relevance:
Demonstrates the right of way and easement rights over 'A' and 'B' properties.
Reference:
Ext.A2
Document Type:
Release deed
Submitted By:
Plaintiff
Relevance:
Part of the evidence related to the ownership and rights of the properties.
Reference:
Ext.A3
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
Executed by the 1st plaintiff in favor of Mr. T P Basheer to represent him.
Reference:
Ext.A4
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Filed to show the lay and nature of the plaint schedule properties.
Reference:
Ext.C1