Case Summary
The plaintiff, Parambil Musthafa, filed a suit for a perpetual injunction against the defendants who were obstructing him from raising the height of a boundary wall on his property. The court found in favor of the plaintiff, as the defendants opted to remain ex-parte.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendants and their men are restrained by a perpetual injunction from making any obstruction in increasing the height of already existing wall.
Case Type
Civil Suit
Final Judgment
No
The court found in favor of the plaintiff and decreed the suit, restraining the defendants from obstructing the plaintiff's attempts to raise the height of the boundary wall.
Why Plaintiff Won:
The plaintiff adduced cogent and reliable evidence to prove his case.
The plaintiff adduced cogent and reliable evidence to prove his case.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The testimony of PW1 remained unchallenged and the court found no reason to disbelieve it.
Judgment Evidence:
In the result, the suit is decreed as follows: 1. The defendants and their men are restrained by a perpetual injunction from making any obstruction in increasing the height of already existing wall shown in Ext.C2 sketch on the eastern portion of northern boundary, eastern boundary and eastern portion of southern boundary.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Parambil Musthafa
- Party Age
- 38
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Kabeer
- Party Age
- 45
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Kokkarinhikal Safiya
- Party Age
- 40
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Tharama parambil Moideenkutty @ Kunhu Haji
- Party Age
- 65
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Velliyath Abdul Razaq
- Party Age
- 45
- Relation
- S/o
Plaintiffs Documents
Certified copy of document No.3110/1993, Copy of Judgment in OS.105/1995, Certified copy of Decree in OS.105/1995, Certified copy of Judgment in AS.73/1997, Tax Receipts, Copy of Extract Asset Register
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. K. Ramamohanan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.V. Chandrasekharan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.K.Vipin
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Plaintiff sought to prevent defendants from obstructing the height of the boundary wall.
Evidence:
Therefore, I hold a view that plaintiff is entitled to get a decree as prayed for.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff is entitled to recover the costs of the suit from the defendants.
Evidence:
The plaintiff is entitled to realise the cost of the suit from the defendants.
Documents & Evidence
Document Type:
Certified copy of document
Submitted By:
Plaintiff
Relevance:
Establishes the plaintiff's ownership of the property.
Reference:
Ext.A1
Document Type:
Copy of judgment
Submitted By:
Plaintiff
Relevance:
Shows prior court findings confirming the plaintiff's rights over the property.
Reference:
Ext.A2
Document Type:
Certified copy of decree
Submitted By:
Plaintiff
Relevance:
Confirms the decree in favor of the plaintiff in previous litigation.
Reference:
Ext.A3
Document Type:
Certified Copy of Judgment
Submitted By:
Plaintiff
Relevance:
Details the appellate court's dismissal of an appeal against the plaintiff.
Reference:
Ext.A4
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Serves as proof of tax payments related to the property.
Reference:
Ext.A5 series
Document Type:
Copy of Extract Asset Register
Submitted By:
Plaintiff
Relevance:
Provides official record of property ownership and details.
Reference:
Ext.A6
Document Type:
Commissioner's Report
Submitted By:
Court
Relevance:
Reports findings from the site inspection regarding property boundaries.
Reference:
Ext.C1
Document Type:
Plan
Submitted By:
Court
Relevance:
Visual representation of the disputed boundaries relevant to the case.
Reference:
Ext.C2
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Case Code
Case between Parambil Musthafa vs Kabeer et al regarding perpetual injunction
Case Code Year
Case between Parambil Musthafa vs Kabeer et al regarding perpetual injunction