Case between RAKHI @ RAGISHA vs VANIYAM VEETIL MUHAMMAD ALI et al regarding permanent prohibitory injunction.

Case Summary

The plaintiffs, Rakhi @ Ragisha and Kamala, seek a permanent prohibitory injunction against the defendants, including Vaniyam Veetil Muhammad Ali and others, who are alleged to have trespassed into their property to mark for road widening without consent. The plaintiffs contest the defendants' claims of rights over their property.

Judgment Outcome

Plaintiff Won

Interim Order

The court ruled in favor of the plaintiffs, granting a permanent prohibitory injunction against the defendants. The defendants are restrained from trespassing into the plaintiffs' property or demolishing any part of it.

Judgment Favored

Plaintiff

Relief Granted

Permanent prohibitory injunction restraining the defendants from trespassing into the plaint schedule property and from demolishing any part of the building situated there.

Case Type

Civil Suit

Final Judgment

No

The court ruled in favor of the plaintiffs, granting a permanent prohibitory injunction against the defendants. The defendants are restrained from trespassing into the plaintiffs' property or demolishing any part of it.

Why Plaintiff Won:
The plaintiffs successfully established their possession over the plaint schedule property and the apprehension of trespass was proven.

Losing Side's Weaknesses:
Not available

Supporting Evidence

The plaintiff was cross examined in detail and nothing challenging was asked by the counsel for D5 with regard to the possession of the plaintiff over the plaint schedule property and the building therein. The plaintiff has taken out a commission and the Advocate commissioner has inspected the plaint schedule property including the building therein.

Judgment Evidence:

In the result, the suit is decreed with costs. 1. The defendants and their men or agents are restrained by a decree of permanent prohibitory injunction from trespassing into the plaint schedule property, and from demolishing any part of the building situated there or annexing any section of the plaint schedule property for widening of the road on the north and from committing any acts of waste in the plaint schedule property.

Parties Involved

Parties

Party Role: Plaintiff
Party Name: RAKHI @ RAGISHA
Party Age: 47
Relation: D/o

Party Role: Plaintiff
Party Name: KAMALA
Party Age: 64
Relation: W/o

Party Role: Defendant
Party Name: VANIYAM VEETIL MUHAMMAD ALI
Party Age: 44
Relation: S/o

Party Role: Defendant
Party Name: AKHILA MARIYAT
Party Age: 30
Relation: D/o

Party Role: Defendant
Party Name: C. K. NAZAR
Relation: S/o

Party Role: Defendant
Party Name: K. T. K CHANDRAN
Party Age: 64
Relation: S/o

Party Role: Defendant
Party Name: NADAPURAM GRAMA PANCHAYATH
Relation: Represented by

Party Role: Defendant
Party Name: URALUNGAL LABOUR CONTRACT CO-OPERATIVE SOCIETY LTD.
Relation: Represented by

Plaintiffs Documents

Certified copy of Assignment Deed No. 1981/82 of SRO, Kakkattil, Property Tax receipts.

Defendants Documents

Advocates

Party Role: Plaintiff
Advocate Name: Sri. C.Subramanyian
Appearance Type: Main Counsel

Party Role: Plaintiff
Advocate Name: Sri. P. Anoop
Appearance Type: Assisting Counsel

Party Role: Plaintiff
Advocate Name: Sri. P. M. Previn
Appearance Type: Assisting Counsel

Party Role: Plaintiff
Advocate Name: Sri. Abdul Raoof
Appearance Type: Assisting Counsel

Party Role: Plaintiff
Advocate Name: Smt. Anju. M.P
Appearance Type: Assisting Counsel

Party Role: Defendant
Advocate Name: Sri. Mohammed Niyas
Appearance Type: Main Counsel

Party Role: Defendant
Advocate Name: Sri. K. M. Ramdas
Appearance Type: Assisting Counsel

Party Role: Defendant
Advocate Name: Smt. Akshaya. V. C
Appearance Type: Assisting Counsel

Reliefs

Relief Type: Permanent Injunction

Outcome: Granted

Description:

Permanent prohibitory injunction restraining the defendants from trespassing into the plaint schedule property.

Evidence:

The defendants and their men or agents are restrained by a decree of permanent prohibitory injunction from trespassing into the plaint schedule property.

Documents & Evidence

Document Type: Certified copy of assignment deed

Submitted By: Plaintiff

Relevance:

Establishes title over the plaint schedule property.

Reference:

Ext.A1

Document Type: Property Tax Receipt

Submitted By: Plaintiff

Relevance: