Case Summary
The plaintiff, Safir K M, is seeking a permanent prohibitory injunction against the defendants Kunjumohamed alias Kunjammu and his son Naseef, alleging trespass and damage to property originally owned by late K.K. Mohammed Haji. The defendants have denied these allegations.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction and costs of the suit
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff, issuing a permanent prohibitory injunction against the defendants from encroaching upon and damaging the property in question. The defendants are also ordered to pay costs of the suit.
Why Plaintiff Won:
The plaintiff established his case with unchallenged oral and documentary evidence substantiating his claims of ownership and the defendants' trespass.
The plaintiff established his case with unchallenged oral and documentary evidence substantiating his claims of ownership and the defendants' trespass.
Losing Side's Weaknesses:
The plaintiff established his case with unchallenged oral and documentary evidence substantiating his claims of ownership and the defendants' trespass.
The plaintiff established his case with unchallenged oral and documentary evidence substantiating his claims of ownership and the defendants' trespass.
Supporting Evidence
The unchallenged oral and documentary evidence is sufficient to grant a decree in favour of plaintiff.
Judgment Evidence:
In the result, suit is decreed on the following terms. 1) Defendants are restrained by a permanent prohibitory injunction from encroaching into plaint schedule properties and from cutting and removing the trees standing there and from making any illegal works in the property and from committing wastes and from obstructing the peaceful enjoyment and possession of the plaint schedule property by the plaintiff and other co-owners. 2) Defendants are directed to pay costs of the suit to plaintiff.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Safir K M
- Party Age
- 63
- Relation
- S/o Late K K Mohammed Haji
- Party Role
- Defendant
- Party Name
- Kunjumohamed alias Kunjammu
- Party Age
- 70
- Relation
- S/o Mohamed
- Party Role
- Defendant
- Party Name
- Naseef
- Party Age
- 30
- Relation
- S/o Kunjumohamed alias Kunjammu
Plaintiffs Documents
Certified copy of Sale deed No. 151/1990, Certified copy of Partition deed No. 3254/1986, Basic tax receipt No. KL-07021805486/2025
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- N S Mohammed Usman
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- P Priyadevi
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Arshad Ameen N M
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Mathews M P
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Anish KA
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Defendants are restrained from encroaching into plaint schedule properties and from cutting and removing trees.
Evidence:
Defendants are restrained by a permanent prohibitory injunction from encroaching into plaint schedule properties and from cutting and removing the trees standing there.
Relief Type:
Other
Outcome:
Granted
Description:
Defendants are directed to pay the costs of the suit to the plaintiff.
Evidence:
Defendants are directed to pay costs of the suit to plaintiff.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of sale deed No. 151/1990 of Edappally SRO confirming the plaintiff's claim over the property.
Reference:
Ext.A1
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Partition deed No. 3254/1986 of Edappally SRO relevant to the ownership and claim over the property.
Reference:
Ext.A2
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Basic tax receipt No. KL 07021805486/2025 dated 01.04.2025 verifying the plaintiff's ownership and responsibility for the property.
Reference:
Ext.A3
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report confirming the boundaries and conditions of the plaint schedule property.
Reference:
Ext.C1
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between Safir K M vs Kunjumohamed alias Kunjammu et al regarding permanent prohibitory injunction
Case Code Year
Case between Safir K M vs Kunjumohamed alias Kunjammu et al regarding permanent prohibitory injunction