Case Summary
The case involves the maintainability of a suit filed by the plaintiffs seeking the fixation of the boundary of a property, recovery of possession, and an injunction. The defendants challenged the suit on grounds of lack of title, possession, and necessary parties.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court dismissed the interim application challenging the maintainability of the suit on grounds of several legal inconsistencies.
Key Reasoning:
The suit was deemed legally untenable based on contradictions and lack of necessary parties.
The suit was deemed legally untenable based on contradictions and lack of necessary parties.
Why Defendant Won:
Not available
Not available
Supporting Evidence
The present suit is legally untenable, based on contradictions, and is liable to be dismissed in its entirety.
Judgment Evidence:
In the result, IA dismissed. No costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Subair
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Shaheers Beevi
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Basheerkutty
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Izhaq
- Party Role
- Defendant
- Party Name
- Shaheer
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Defendant
- Advocate Name
- R.Mohana Babu
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- N. Muhammed Nahas
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Injunction
Outcome:
Refused
Description:
The plaintiff sought to permanently restrain the defendants from trespassing into plaint A schedule property.
Evidence:
Therefore, IA is only liable to be dismissed.
Relief Type:
Recovery
Outcome:
Refused
Description:
The plaintiff requested recovery of possession of plaintiff’s property from the plaint C schedule pathway.
Evidence:
The respondent/plaintiff is not entitled to any relief, including fixation of boundary or recovery of possession.
Relief Type:
Declaration
Outcome:
Refused
Description:
The suit was filed to fix the eastern boundary of plaint A schedule property.
Evidence:
The suit is not barred by any law for the time being inforce.
Documents & Evidence
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Case Code
OS.
Case Code Year
2019