Case Summary
The case involves Siddequl Akbar who is seeking permanent prohibitory injunctions against Muhammadali and others regarding a vehicle that was allegedly wrongfully taken from his possession. The suit also seeks mandatory relief for the return of the vehicle he purchased under an existing loan agreement.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The petitions IA 2/2025 and IA 3/2025 filed by Siddequl Akbar are dismissed with costs as the court found that the petitioner failed to substantiate his claims regarding the wrongful possession of the vehicle.
Key Reasoning:
The respondents' actions were in accordance with the agreement regarding the vehicle.
The respondents' actions were in accordance with the agreement regarding the vehicle.
Why Defendant Won:
The petitioner failed to adhere to the terms of the vehicle sale agreement.
The petitioner failed to adhere to the terms of the vehicle sale agreement.
Supporting Evidence
The conditions in the agreement is admitted by the petitioner as well as the 1st respondent. ... The petitioner cannot seek a relief of temporary injunction from this court by restraining the respondent No.1 and 2 from alienating or transferring the vehicle.
Judgment Evidence:
In the result, IA 2/2025 and IA 3/2025 is dismissed with costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Siddequl Akbar
- Party Age
- 32
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Muhammadali
- Party Age
- 60
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Muhammad Harris
- Party Age
- 35
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Indusind Bank Vadakara Branch
- Party Role
- Defendant
- Party Name
- Sub Regional Transport Office
- Relation
- Represented by Joint RTO
Plaintiffs Documents
Photocopies of various payment receipts related to the vehicle and business licenses.
Defendants Documents
Photocopy of the cash payment receipt issued by Indian Overseas Bank and various fine receipts issued by RTO and Police.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. P. P. Hashick
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. Shanid. P
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt. Riswana. M
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. P. Balagopalan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. P. Arun Kumar
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Smt. Mini. K. Koyeri
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Smt. Bindu Puthiyarakkal
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. C. Prasad
- Appearance Type
- Government Pleader
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Refused
Description:
Petitioner requested an injunction to restrain the respondents from alienating the vehicle.
Evidence:
The petitioner cannot seek a relief of temporary injunction from this court by restraining the respondent No.1 and 2 from alienating or transferring the vehicle to any party till the disposal of the suit.
Relief Type:
Mandatory Injunction
Outcome:
Refused
Description:
Petitioner sought a mandatory injunction to hand over the vehicle to him.
Evidence:
There is no provision in Code of Civil Procedure to seize the vehicle.
Documents & Evidence
Document Type:
Vehicle Sale Agreement
Submitted By:
Plaintiff
Relevance:
Highlights the transaction for the vehicle purchase and repayment agreement.
Reference:
Ext.A2
Document Type:
Photocopy of UPI transaction details
Submitted By:
Plaintiff
Relevance:
Payment receipts showing various installments paid towards the vehicle loan.
Reference:
Ext.A5 to A19
Document Type:
Vehicle Sale Agreement
Submitted By:
Defendant
Relevance:
Details the sale agreement between Muhammadali and another party.
Reference:
Ext.B1
Document Type:
Fine Receipt
Submitted By:
Defendant
Relevance:
Receipts related to fines incurred by the defendants.
Reference:
Ext.B3 to B12
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court, Nadapuram
Common Reasons
Case Code
OS
Case Code Year
2025