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
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.
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
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