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ORIGINAL SUIT No. 50 OF 2019

Case between Saidalavi vs Yoosaf et al regarding Injunction

Court
COURT OF THE MUNSIFF OF TIRUR
Judge
Sri. JANKISH NARAYANAN
Order Date
2019-09-30
Duration
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

This case involves plaintiffs Saidalavi and his daughter Sajna against defendants Yoosaf, Komu, and Saidalavi regarding an attempt to encroach upon their property and demolition of their compound wall. The plaintiffs sought a permanent prohibitory injunction to prevent the defendants from taking such actions.

Judgment Outcome

Plaintiff Won
Interim Order
The court found in favor of the plaintiffs, granting a permanent prohibitory injunction against the defendants from damaging the compound wall and extending the pathway. The plaintiffs were also granted the right to recover costs from the defendants.
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction against the defendants from demolishing the compound wall and extending the pathway.
Case Type
Injunction
Final Judgment
No
The court found in favor of the plaintiffs, granting a permanent prohibitory injunction against the defendants from damaging the compound wall and extending the pathway. The plaintiffs were also granted the right to recover costs from the defendants.
Why Plaintiff Won:
The plaintiff proved his case with sufficient evidence, which remained unchallenged due to the defendants opting to remain exparte.
Losing Side's Weaknesses:
The plaintiff proved his case with sufficient evidence, which remained unchallenged due to the defendants opting to remain exparte.
Supporting Evidence
Since the defendants are set exparte, the evidence adduced by the plaintiff remained unchallenged. I find no reason to disbelieve PW1. Therefore, I am satisfied that the plaintiff has proved his case by adducing cogent and reliable evidence.

Judgment Evidence:

In the result, the suit is decreed as follows. I. The defendants and their men are restrained, by way of permanent prohibitory injunction, from demolishing the compound wall situates on northern side of the plaint schedule property so as to extent the width of the pathway.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Saidalavi
Party Age
60
Relation
S/o
Party Role
Plaintiff
Party Name
Sajna
Party Age
35
Relation
D/o
Party Role
Defendant
Party Name
Yoosaf
Party Age
40
Relation
S/o
Party Role
Defendant
Party Name
Komu
Party Age
62
Relation
S/o
Party Role
Defendant
Party Name
Saidalavi
Party Age
63
Relation
S/o
Plaintiffs Documents
Gift Deed dated 2-6-1959, Joint Release Deed dated 14-3-2008, Jenm Assignment deed dated 8-5-1998, Tax Receipt dated 20-8-2019.
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Sri.Dinesh Pookkayil
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Sri.P.Sreehari
Appearance Type
Main Counsel

Reliefs

Relief Type: Permanent Injunction
Outcome: Granted
Description:
The defendants are permanently restrained from demolishing the compound wall situated on the northern side of the plaint schedule property.
Evidence:
I. The defendants and their men are restrained, by way of permanent prohibitory injunction, from demolishing the compound wall situates on northern side of the plaint schedule property so as to extent the width of the pathway.
Relief Type: Other
Outcome: Granted
Description:
Plaintiffs are entitled to realize the costs of the suit from the defendants.
Evidence:
Plaintiffs are entitled to realize the costs of the suit from the defendants.

Documents & Evidence

Document Type: Gift Deed
Submitted By: Plaintiff
Relevance:
It establishes the ownership of item No. 1 in the plaint schedule property belonging to the 1st plaintiff.
Reference:
Ext.A1
Document Type: Joint Release Deed
Submitted By: Plaintiff
Relevance:
It proves the transfer of property rights among the plaintiffs.
Reference:
Ext.A2
Document Type: Jenm Assignment Deed
Submitted By: Plaintiff
Relevance:
It further supports the ownership claims of the plaintiffs over item No. 2 in the plaint schedule property.
Reference:
Ext.A3
Document Type: Tax receipt
Submitted By: Plaintiff
Relevance:
It serves as evidence of property tax paid, reinforcing the plaintiffs' ownership.
Reference:
Ext.A4
Document Type: Commission Report
Submitted By: Court
Relevance:
It provides findings relevant to the court's decision.
Reference:
Ext.C1
Document Type: Commission Plan
Submitted By: Court
Relevance:
It illustrates the layout of the property involved in the dispute.
Reference:
Ext.C2

Case Classification

Case Type
Injunction
Category
Injunction and Access Rights
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Unauthorized occupation
Case Code
Case between Saidalavi vs Yoosaf et al regarding Injunction
Case Code Year
Case between Saidalavi vs Yoosaf et al regarding Injunction

Quick Facts

Location
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Case Filed
Case Closed
From
Sun, 09/01/2019 - 12:00
To
Mon, 09/30/2019 - 12:00
Outcome Confidence
90%

Involved Entities

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