Skip to main content
Niyamam AI Niyamam AI

Main navigation

  • Home
  • Lawyer Login
  • Lawyer Registration
  • About us
  • Contact
Original Suit Nos. 353/2024 & 792/2022

Case between Shibu vs R. Rajagopalakrishnan, M.J. Anandanarayanan et al regarding permanent prohibitory injunction.

Court
Court of Additional Munsiff - II
Judge
Smt.ANJALI. P
Order Date
2025-12-09
Duration
Case Closed

Judgement document from eCourt website

Judgment Document
Save Case Find Similar Cases

Case Summary

Shibu, the plaintiff, is seeking a permanent prohibitory injunction against the defendants R. Rajagopalakrishnan, M.J. Anandanarayanan, and others regarding a property dispute. The defendants filed a counterclaim against the plaintiff for similar relief.

Judgment Outcome

Defendant Won
Interim Order
The court dismissed OS 792/2022 and decreed the counter claim, granting the defendants relief from trespassing into the counter claim property.
Judgment Favored
Defendant
Relief Granted
Permanent prohibitory injunction from trespassing into counter claim properties.
Case Type
Civil Suit
Final Judgment
No
The court dismissed OS 792/2022 and decreed the counter claim, granting the defendants relief from trespassing into the counter claim property.
Key Reasoning:
Defendants proved legal ownership and continuous possession of the counter claim properties.
Why Defendant Won:
Defendants proved legal ownership and continuous possession of the counter claim properties.
Supporting Evidence
The identity of the property belonging to the defendants is well established by the advocate commissioner's report and plans.

Judgment Evidence:

In the result, the OS 792/2022 is dismissed and the counter claim is decreed. The counterclaim defendants are restrained from trespassing into the counter claim A to D schedule property.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Shibu
Party Age
48
Relation
S/o
Party Role
Defendant
Party Name
R. Rajagopalakrishnan
Party Age
56
Relation
S/o
Party Role
Defendant
Party Name
M.J. Anandanarayanan
Party Age
55
Relation
S/o
Party Role
Defendant
Party Name
V.P. Ravi
Party Age
55
Relation
S/o
Party Role
Defendant
Party Name
P. Dharmarajan
Party Age
66
Relation
S/o
Party Role
Defendant
Party Name
K.R. Ramani
Party Age
72
Relation
S/o
Plaintiffs Documents
Deed No. 801/2022, Possession Certificate, Location sketch, Plan and Permit.
Defendants Documents
Deed No. 306/1959, Deed No. 969/1967, Deed No. 65/1994.

Advocates

Party Role
Plaintiff
Advocate Name
Sri. P.M. Mohandas
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Sri. Muhammed Shamnas. O.K
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
Sri. P. Manjith
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Sri. Anil Viswanath
Appearance Type
Assisting Counsel

Reliefs

Relief Type: Permanent Injunction
Outcome: Refused
Description:
The plaintiff sought a permanent prohibitory injunction against the defendants.
Evidence:
The plaintiff is not entitled to a decree for permanent prohibitory injunction as sought for.
Relief Type: Permanent Injunction
Outcome: Granted
Description:
Counter claim preferred by defendants for permanent prohibitory injunction against the plaintiff.
Evidence:
The defendants who are in settled possession of the counter claim properties are entitled to a decree as sought for.

Documents & Evidence

Document Type: Certified Copy of Deed
Submitted By: Plaintiff
Relevance:
The plaintiff claims ownership of the property based on this deed.
Reference:
Ext.A1
Document Type: Possession Certificate
Submitted By: Plaintiff
Relevance:
Document showing the plaintiff's possession of the property.
Reference:
Ext.A2
Document Type: Location Certificate
Submitted By: Plaintiff
Relevance:
Provides the location details of the plaint schedule property.
Reference:
Ext.A3
Document Type: Plan and Permit
Submitted By: Plaintiff
Relevance:
Permit to construct on the plaint schedule property.
Reference:
Ext.A4
Document Type: Letter from Bank
Submitted By: Plaintiff
Relevance:
Indicates financial arrangements made by the plaintiff!
Reference:
Ext.A5
Document Type: Certified Copy of Deed
Submitted By: Defendant
Relevance:
Used by the defendants to validate their claims against the property.
Reference:
Ext.B1
Document Type: Certified Copy of Deed
Submitted By: Defendant
Relevance:
Shows a prior claim on the property.
Reference:
Ext.B2
Document Type: Certified Copy of Deed
Submitted By: Defendant
Relevance:
Details original ownership of the property.
Reference:
Ext.B3
Document Type: Commission Report
Submitted By: Court
Relevance:
Provided details on the property for the court's consideration.
Reference:
Ext.C1
Document Type: Commission Report
Submitted By: Court
Relevance:
Further documents that clarify the physical attributes of the property.
Reference:
Ext.C2

Case Classification

Case Type
Civil Suit
Category
Other Civil Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Case Code
Case between Shibu vs R. Rajagopalakrishnan, M.J. Anandanarayanan et al regarding permanent prohibitory injunction.
Case Code Year
Case between Shibu vs R. Rajagopalakrishnan, M.J. Anandanarayanan et al regarding permanent prohibitory injunction.

Quick Facts

Location
Kozhikode
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Case Filed
Case Closed
From
Mon, 09/01/2025 - 12:00
To
Wed, 12/31/2025 - 12:00
Outcome Confidence
85%

Involved Entities

Similar Cases

Case between Kolassery Abdurahim vs Kanjirangal Kareem et al regarding property delivery
Rent Control Court
Civil Suit Plaintiff Won
Case between M/s. UCO Bank vs Abhinav.K.P et al regarding dismissal of suit.
MUNSIFF-II, KOZHIKODE
Civil Suit Defendant Won
Case between Girija et al vs Komalam et al regarding partition
MUNSIFF-II, KOZHIKODE
Civil Suit Defendant Won
Case between Fathima Minha.K vs State of Kerala et al regarding dismissal of suit
COURT OF THE ADDITIONAL MUNSIFF-II, KOZHIKODE
Civil Suit Dismissed
Case between M Sukumaran vs K. Ahammed et al regarding perpetual prohibitory injunction
Munsiff-II, Kozhikode
Civil Suit Plaintiff Won