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
The court dismissed the petition for temporary injunction filed by the plaintiffs. It concluded that the plaintiffs failed to establish a prima facie case and that granting the injunction would lead to irreparable injury for the defendants.
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.
Why Defendant Won:
Not available
Not available
Supporting Evidence
The court is satisfied that the petitioner has failed to prove a prima facie case, hence points 1 to 4 are found against the petitioner.
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
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 @ Gladis Joy
- 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:
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
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 @ Gladis Joy et al regarding a declaration and consequential injunction
Case Code Year
Case between Navas Sherief Basheer et al vs Gladis M Charly @ Gladis Joy et al regarding a declaration and consequential injunction