Case Summary
The plaintiffs, engaged in the business of electronic goods and home appliances, seek a perpetual injunction against the defendant for attempting to demolish their property boundary wall and trespassing. The suit involves a dispute over property rights and agreements regarding access to the property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Perpetual injunction against the defendant from demolishing the boundary wall and trespassing into the plaint A schedule property.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiffs, granting them a perpetual injunction against the defendant, restraining him from demolishing the boundary wall and trespassing on their property.
Why Plaintiff Won:
The evidence presented by the plaintiffs and the absence of any contra evidence support the case for a perpetual injunction.
The evidence presented by the plaintiffs and the absence of any contra evidence support the case for a perpetual injunction.
Losing Side's Weaknesses:
The evidence presented by the plaintiffs and the absence of any contra evidence support the case for a perpetual injunction.
The evidence presented by the plaintiffs and the absence of any contra evidence support the case for a perpetual injunction.
Supporting Evidence
The evidence tendered by PW1 and the documents marked as Ext.A1 to A6 and C1 stands unchallenged. No contra evidence adduced. Hence, I find that the plaintiffs are entitled for the relief of perpetual injunction as prayed for.
Judgment Evidence:
In the result, the suit is decreed with costs as follows:- The defendant, his men or agents are restrained from demolishing the plaint C schedule boundary wall and from trespassing into the plaint A schedule property and from committing any waste in the plaint schedule property by way of perpetual injunction.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- T.A. Abdul Jabbar
- Party Age
- 59
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- T.A. Abbas
- Party Age
- 54
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- T.A. Sajid
- Party Age
- 49
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- T.A. Alija Ali Gribram
- Party Age
- 27
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Arif Mohammed
- Party Age
- 21
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Alex Chandy @ Alexander
- Party Age
- 56
- Relation
- S/o
Plaintiffs Documents
Certified copy of the sale deed bearing No. 2886/2021, Land tax receipt dated 20.06.2022, Possession certificate dated 05.07.2022, Agreement bearing No 3095/2021 dated 18.09.2021, Office copy of the lawyer notice dated 13.04.2023, Reply notice dated 20.04.2023.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Aysha Yousef
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Molly Jacob
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Joby A. Thambi
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Kabani Dinesh M.
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Ashita Yousef
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- C.M. Ebrahaim
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Shoukath Hussian
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Akheela Ferzana
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Plaintiffs sought to restrain the defendant from demolishing the boundary wall and trespassing onto their property.
Evidence:
Hence, I find that the plaintiffs are entitled for the relief of perpetual injunction as prayed for.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of the sale deed establishing the plaintiffs' ownership of the property.
Reference:
Ext.A1
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Land tax receipt verifying the payment of taxes on the property owned by the plaintiffs.
Reference:
Ext.A2
Document Type:
Possession Certificate
Submitted By:
Plaintiff
Relevance:
Certificate confirming the possession of the property by the plaintiffs.
Reference:
Ext.A3
Document Type:
Agreement
Submitted By:
Plaintiff
Relevance:
Agreement granting a right of way to the plaintiffs for accessing their property.
Reference:
Ext.A4
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Notice from the defendant, which the plaintiffs responded to.
Reference:
Ext.A5
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
Reply notice sent by the plaintiffs in response to the defendant's lawyer notice.
Reference:
Ext.A6
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report that was marked as evidence in support of the plaintiffs' case.
Reference:
Ext.C1
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Perumbavoor
Common Reasons
Case Code
Case between T.A. Abdul Jabbar et al vs Alex Chandy @ Alexander regarding perpetual injunction
Case Code Year
Case between T.A. Abdul Jabbar et al vs Alex Chandy @ Alexander regarding perpetual injunction