Case Summary
Nazimudheen filed a suit against the defendants for permanent prohibitory injunction to restrain them from trespassing into his property. The plaintiff claimed he is the absolute owner and has been facing attempts of trespass by the defendants.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants and their men are permanently restrained from trespassing into the plaint schedule property.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed, permanently restraining the defendants from trespassing into the plaintiff's property.
Why Plaintiff Won:
Plaintiff proved his right and possession over the plaint schedule property.
Plaintiff proved his right and possession over the plaint schedule property.
Losing Side's Weaknesses:
Plaintiff proved his right and possession over the plaint schedule property.
Plaintiff proved his right and possession over the plaint schedule property.
Supporting Evidence
Plaintiff's case stands proved and unchallenged by the pleadings and evidences.
Judgment Evidence:
In the result, the suit is decreed with costs as follows: i. The defendants and their men are permanently restrained from trespassing into the plaint schedule property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Nazimudheen
- Party Age
- 62
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Shahul Hameed
- Party Age
- 73
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Shemeer S. Hameed
- Relation
- S/o
Plaintiffs Documents
Copy of order of the National Highway Department, Land tax receipt, Possession Certificate, Building tax receipt.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- B. L. Prasanth
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
The defendants and their men are permanently restrained from trespassing into the plaint schedule property and from making any obstructions.
Evidence:
The defendants and their men are permanently restrained from trespassing into the plaint schedule property and from making any obstructions to the peaceful possession and enjoyment of the plaintiff over the plaint schedule property and also from committing any waste therein.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff is entitled to realise the costs of the suit from the defendants.
Evidence:
Plaintiff is also entitled to realise the costs of the suit from the defendants.
Documents & Evidence
Document Type:
Copy of order of the National High Way Department
Submitted By:
Plaintiff
Relevance:
Establishes the ownership and acquisition details pertinent to the plaintiff's claim.
Reference:
Ext.A1
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Proves the plaintiff's ownership and continuous possession of the property.
Reference:
Ext.A2
Document Type:
Possession Certificate
Submitted By:
Plaintiff
Relevance:
Confirms the plaintiff's legal possession of the property in question.
Reference:
Ext.A3
Document Type:
Building Tax Receipt
Submitted By:
Plaintiff
Relevance:
Supports the claim of the plaintiff's ownership and the legal standing of the constructed building.
Reference:
Ext.A4
Document Type:
Commission report prepared and submitted by Advocate commissioner
Submitted By:
Court
Relevance:
Provides evidence and findings from the site visit which supports the plaintiff's claim.
Reference:
Ext.C1
Document Type:
Mahazar prepared and submitted by Advocate commissioner
Submitted By:
Court
Relevance:
Details the physical state and circumstances of the property relevant to the case.
Reference:
Ext.C1(a)
Document Type:
Photographs
Submitted By:
Court
Relevance:
Visual evidence demonstrating the conditions of the property in relation to the claim.
Reference:
Ext.C1(b)
Case Classification
Case Type
Civil Suit
Category
Injunction and Access Rights
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Unauthorized occupation
Case Code
Case between Nazimudheen vs Shahul Hameed et al regarding permanent prohibitory injunction.
Case Code Year
Case between Nazimudheen vs Shahul Hameed et al regarding permanent prohibitory injunction.