Case Summary
This suit is filed by the plaintiffs for a permanent prohibitory injunction restraining the defendants from trespassing into their property. The plaintiffs allege that the defendants have no right to use the pathway that leads to their eastern property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendants and their men are permanently restrained from trespassing into the plaint C schedule pathway.
Case Type
Injunction
Final Judgment
No
The suit has been decreed in favor of the plaintiffs, granting them a permanent prohibitory injunction against the defendants.
Why Plaintiff Won:
The plaintiff is the absolute owner in possession of plaint C schedule pathway, supported by various evidences.
The plaintiff is the absolute owner in possession of plaint C schedule pathway, supported by various evidences.
Losing Side's Weaknesses:
The plaintiff is the absolute owner in possession of plaint C schedule pathway, supported by various evidences.
The plaintiff is the absolute owner in possession of plaint C schedule pathway, supported by various evidences.
Supporting Evidence
Plaintiff's case stands proved and unchallenged by the pleadings and evidences. Hence the plaintiff is entitled to get the reliefs as sought for.
Judgment Evidence:
In the result, the suit is decreed with costs as follows: The defendants and their men are permanently restrained from trespassing into the plaint C schedule pathway...
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Saboora Beevi
- Party Age
- 61
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Sabeer
- Party Age
- 34
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Seenath
- Party Age
- 45
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Nadirsha
- Party Age
- 50
- Relation
- S/o
Plaintiffs Documents
Copy of Correction Deed No. 423/2021, Copy of Correction Deed No. 424/2021, Tax receipt dated 23/03/2023, Tax receipt dated 10/05/2019, Certified copy of Judgment in OS No. 721/2012.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- M.I.Alexander Panicker
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Seema.C.
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Unnikrishnan.S.D
- 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 C schedule pathway and from making use of the plaint C schedule pathway for any kind of accessibility or passage by the defendants to reach the eastern property of them.
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 C schedule pathway and from making use of the plaint C schedule pathway for any kind of accessibility or passage by the defendants to reach the eastern property of them and also from committing any waste therein.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiffs are also entitled to realise the costs of the suit from the defendants.
Evidence:
In the result, the suit is decreed with costs as follows: ii. Plaintiffs are also entitled to realise the costs of the suit from the defendants.
Documents & Evidence
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Photocopy of Settlement Deed No. 818/2018 (Subject to Proof)
Reference:
Ext.A1
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Photocopy of Settlement Deed No. 819/2018 (Subject to proof)
Reference:
Ext.A2
Document Type:
Correction Deed
Submitted By:
Plaintiff
Relevance:
Copy of Correction Deed No. 423/2021
Reference:
Ext.A3
Document Type:
Correction Deed
Submitted By:
Plaintiff
Relevance:
Copy of Correction Deed No. 424/2021
Reference:
Ext.A4
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Land Tax Receipt dated 23/03/2023
Reference:
Ext.A5
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Land Tax Receipt dated 10/05/2019
Reference:
Ext.A6
Document Type:
Judgment Copy
Submitted By:
Plaintiff
Relevance:
Certified copy of Judgment in OS. 721/2012 of Munsiff Court, Kollam dated 25/01/2019
Reference:
Ext.A7
Document Type:
Resurvey Plan
Submitted By:
Plaintiff
Relevance:
Resurvey plan field No. 470/8 in block No. 23 of Thrikkovilvattom Village
Reference:
Ext.A8
Document Type:
Compromise Decree
Submitted By:
Plaintiff
Relevance:
Copy of compromise decree in OS. 887/2014 of Munsiff Court dated 07/08/2018
Reference:
Ext.A10
Case Classification
Case Type
Injunction
Category
Injunction and Access Rights
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Unauthorized occupation
Case Code
Case between Saboora Beevi vs Seenath regarding Injunction
Case Code Year
Case between Saboora Beevi vs Seenath regarding Injunction