Case Summary
Plaintiff filed suit seeking perpetual injunction to prevent defendants from trespassing into the plaint schedule property, demolishing the compound wall, or interfering with possession and enjoyment.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Perpetual Injunction
Case Type
Civil Suit - Perpetual Injunction
Final Judgment
No
The court granted perpetual injunction restraining defendants from trespassing, demolishing the compound wall, or interfering with plaintiff's possession of the property.
Why Plaintiff Won:
Plaintiff provided cogent and reliable evidence to prove ownership and entitlement to the relief.
Plaintiff provided cogent and reliable evidence to prove ownership and entitlement to the relief.
Losing Side's Weaknesses:
Plaintiff provided cogent and reliable evidence to prove ownership and entitlement to the relief.
Plaintiff provided cogent and reliable evidence to prove ownership and entitlement to the relief.
Supporting Evidence
Testimony of PW1 remained unchallenged. So, the plaintiff adduced cogent and reliable evidence to prove his case.
Judgment Evidence:
The plaintiff adduced cogent and reliable evidence to prove his case. Hence the plaintiff is entitled to get a decree as prayed for.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Palakkunnath Saidali
- Party Age
- 57
- Relation
- S/o. Kunhaidru
- Party Role
- Defendant
- Party Name
- Kodakkadu Abdul Majeed
- Party Age
- 50
- Party Role
- Defendant
- Party Name
- Kodakkad Faisal
- Party Age
- 30
- Relation
- S/o. Sakkeena
- Party Role
- Defendant
- Party Name
- Thekkepurath Shareef @ Muthu
- Party Age
- 30
- Relation
- S/o. Ibrahim
- Party Role
- Defendant
- Party Name
- Alungai Parambil Sanup @ Kuttan
- Party Age
- 27
- Relation
- S/o. Balan
Plaintiffs Documents
Jenm Assignment Deed No. 1480/1990
Defendants Documents
Not available
Advocates
Reliefs
Relief Type:
Perpetual Injunction
Outcome:
Granted
Description:
Restrain defendants from trespassing, demolishing compound wall, or interfering with possession and enjoyment of property.
Evidence:
The plaintiff adduced cogent and reliable evidence to prove entitlement to the relief.
Relief Type:
Costs
Outcome:
Granted
Description:
The plaintiff is entitled to realise the cost of the suit from the defendants.
Evidence:
Documents & Evidence
Document Type:
Jenm Assignment Deed
Submitted By:
Plaintiff
Relevance:
Proves ownership and possession of the plaint schedule property.
Reference:
Ext.A1 : 02-07-1990
Document Type:
Commissioner Report
Submitted By:
Court
Relevance:
Report submitted by Advocate Commissioner after inspection of the plaint schedule property.
Reference:
C1 : 19-9-2015
Document Type:
Plan
Submitted By:
Court
Relevance:
Sketch of the property submitted by Advocate Commissioner.
Reference:
C2 : 19-9-2015
Case Classification
Case Type
Civil Suit - Perpetual Injunction
Category
Injunction and Access Rights
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Property dispute
Case Code
Case between Palakkunnath Saidali vs Kodakkadu Abdul Majeed et al regarding perpetual injunction
Case Code Year
Case between Palakkunnath Saidali vs Kodakkadu Abdul Majeed et al regarding perpetual injunction