Case Summary
Shamal, the plaintiff, seeks to prevent Dr. Shyna Backer from trespassing on his property and interfering with his elderly father’s care. The case arises from allegations that the defendant threatened the plaintiff and attempted to forcefully remove his father from the property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction restraining the defendant from trespassing into the plaint schedule property.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The plaintiff's claim regarding property rights was established through the unrebutted oral testimony and supporting evidence.
The plaintiff's claim regarding property rights was established through the unrebutted oral testimony and supporting evidence.
Judgment Evidence:
In the result, suit is decreed in part as follows: A decree of permanent prohibitory injunction is passed, restraining the defendant and men claiming under her from trespassing into the plaint schedule property and from obstructing the peaceful possession and enjoyment of plaintiff and his family therein.
Parties Involved
Plaintiffs
Shamal (61 years years)
Kunnath, Kanjiramuttom Desom, Kanjiramuttom P.O., Amballoor Village, Kanayannur Taluk -682315
Muhammad Azhar K.S. (Age not specified years)
Abubakar (93 years years)
Defendants
Dr. Shyna Backer (57 years years)
Puthiya veettil, Mathilakam, Puthiyakavu Desom P.O., Mathilakam Village, Kodungalloor taluk, Trissur
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Restraining the defendant and her associates from trespassing into the plaint schedule property and obstructing the peaceful possession and enjoyment of the plaintiff and his family.
Evidence:
A decree of permanent prohibitory injunction is passed, restraining the defendant and men claiming under her from trespassing into the plaint schedule property and from obstructing the peaceful possession and enjoyment of plaintiff and his family therein.
Relief Type:
Other
Outcome:
Granted
Description:
Entitlement to recover costs of the suit from the defendant.
Evidence:
The plaintiff is entitled to realize costs of the suit from the defendant and from her assets.
Documents & Evidence
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of settlement deed No. 1507/2020, marked in evidence to establish the plaintiff's claim over the property.
Reference:
Ext.A1(a)