Case Summary
The case involves Rasheed P.A. and his wife who are seeking a temporary prohibitory injunction against their neighbors, the Muhammed family, who are operating a hiring and decorations business. The plaintiffs allege that the defendants are causing noise and environmental disturbances.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court dismissed the petition for a temporary prohibitory injunction sought by the plaintiffs against the defendants, ruling that the plaintiffs failed to establish their claim of noise or environmental disturbances.
Key Reasoning:
Plaintiffs could not prove that the defendants were causing noise or environmental pollution.
Plaintiffs could not prove that the defendants were causing noise or environmental pollution.
Why Defendant Won:
Not available
Not available
Supporting Evidence
Plaintiffs failed to establish that defendants are keeping unauthorized and illegal articles in plaint schedule item No.2.
Judgment Evidence:
In the result, the petition is dismissed.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Rasheed P.A.
- Party Age
- 59
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Sheeba Rasheed
- Party Age
- 56
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Muhammed
- Party Age
- 65
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Fowsia Muhammed
- Party Age
- 60
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Muhammed Faisal
- Party Age
- 40
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Abdul Nazar
- Party Age
- 38
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Mohammed Yoosuf
- Party Age
- 36
- Relation
- S/o
Plaintiffs Documents
Letter from the Erumely Grama Panchayath Secretary dated 01.07.2024
Defendants Documents
Copy of license issued by Grama Panchayath Erumely, Copy of settlement deed No. 530/2022 of S.R.O. Erumely.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Santhosh Abraham
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Binoy Jose
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Rafeek Ismail T.M.
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Bilu G.
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Injunction
Outcome:
Refused
Description:
The plaintiffs sought a temporary prohibitory injunction against the defendants' use of the plaint schedule item No.2 property.
Evidence:
Hence the prayer of the plaintiffs to restrict defendants from keeping the articles for the hiring business in plaint schedule item No.2 property cannot be allowed.
Documents & Evidence
Document Type:
Letter from the Erumely Grama Panchayath Secretary
Submitted By:
Plaintiff
Relevance:
This letter states that MSM Hiring and Decorations is functioning without a license and could cause difficulties to the peaceful life of the petitioner.
Reference:
Ext.A1
Document Type:
Copy of license issued by Grama Panchayath Erumely
Submitted By:
Defendant
Relevance:
This license indicates that the defendants have a legal right to conduct hiring services.
Reference:
Ext.B1
Document Type:
Copy of settlement deed No. 530/2022 of S.R.O. Erumely
Submitted By:
Defendant
Relevance:
This settlement deed demonstrates ownership of the property relevant to the case.
Reference:
Ext.B2
Document Type:
Commission Report
Submitted By:
Court
Relevance:
The report includes observations about the usage of plaint schedule item No.2 property.
Reference:
Ext.C1
Document Type:
Rough Sketch
Submitted By:
Court
Relevance:
This sketch was filed to complement the commission report.
Reference:
Ext.C1(a)
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Kanjirappally
Common Reasons
Unauthorized occupation
Case Code
O.S
Case Code Year
2024