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OS 69/2025

Case between SOLI JOSEPH vs SULAIMAN regarding injunction against trespass

Court
THE COURT OF THE MUNSIFF, NADAPURAM
Judge
Sri. Yadukrishnan. B
Order Date
2025-09-19
Duration
approximately-3 months
Case Code No.
69
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

Soli Joseph, the plaintiff, filed a petition seeking an injunction to prevent Sulaiman, the defendant, from trespassing on her properties. The court examined evidence regarding property boundaries and the defendant's rights.

Judgment Outcome

Defendant Won
Interim Order
The court dismissed the injunction petition filed by the plaintiff, stating that she failed to establish a prima facie case. Consequently, the order of injunction was vacated.
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court dismissed the injunction petition filed by the plaintiff, stating that she failed to establish a prima facie case. Consequently, the order of injunction was vacated.
Key Reasoning:
The plaintiff failed to demonstrate the identity of the properties in question and did not establish a strong basis for the injunction.
Why Defendant Won:
Not available
Supporting Evidence
The petitioner has thoroughly failed to establish a prima facie case in her favour. The balance of convenience is tilted in favour of the respondent.

Judgment Evidence:

In the result, IA 2/2025 is dismissed with costs.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
SOLI JOSEPH
Party Age
52
Relation
W/o
Party Role
Defendant
Party Name
SULAIMAN
Party Age
52
Relation
S/o
Plaintiffs Documents
Photocopy of Settlement Deed No. 2051/2014, Photocopy of Settlement Deed No. 534/2020, Photocopy of Basic Tax Receipt
Defendants Documents
Agreement entered in between Kankadath George and two others, Agreement entered in between Kankadath Jose and two others

Advocates

Party Role
Plaintiff
Advocate Name
Sri. K. Sivadas
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Sri. C. R. Biju
Appearance Type
Main Counsel

Reliefs

Relief Type: Injunction
Outcome: Refused
Description:
Petitioner sought an order of injunction to restrain the respondent from trespassing into the plaint A and B schedule properties.
Evidence:
Hence, the order of injunction passed by this court on 29.05.2025 stands vacated.
Relief Type: Other
Outcome: Dissmissed
Description:
Petitioner sought dismissal of the objection filed by the respondent.
Evidence:
In the light of discussions held in point no. 1 to 4, IA.2/2025 is dismissed and the order of injunction passed on 29.05.2025 stands vacated.

Documents & Evidence

Document Type: Settlement Deed
Submitted By: Plaintiff
Relevance:
Photocopy of Settlement Deed No. 2051/2014 of SRO, Kavilumpara.
Reference:
Ext.A1
Document Type: Settlement Deed
Submitted By: Plaintiff
Relevance:
Photocopy of Settlement Deed No. 534/2020 of SRO Kavilumpara.
Reference:
Ext.A2
Document Type: Basic Tax Receipt
Submitted By: Plaintiff
Relevance:
Photocopy of Basic Tax Receipt issued by Village Office, Kavilumpara to Soly Joseph.
Reference:
Ext.A3
Document Type: Agreement
Submitted By: Defendant
Relevance:
Agreement entered in between Kankadath George and two others.
Reference:
Ext.B1
Document Type: Agreement
Submitted By: Defendant
Relevance:
Agreement entered in between Kankadath Jose and two others.
Reference:
Ext.B2
Document Type: Commission Report
Submitted By: Court
Relevance:
Commission Report filed by Adv. Joy Jain.
Reference:
Ext.C1
Document Type: Sketch Plan
Submitted By: Court
Relevance:
Sketch Plan filed by Adv. Commissioner Joy Jain.
Reference:
Ext.C1 (a)

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

Quick Facts

Location
Kozhikode District
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court, Nadapuram
Case Filed
Case Closed
From
Mon, 09/01/2025 - 12:00
To
Wed, 12/31/2025 - 12:00
Outcome Confidence
75%

Involved Entities

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