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
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.
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
Plaintiffs
T.A. Abdul Jabbar (59 years)
Tharakandathil House, Thottumugam P.O., Aluva, Ernakulam District, Pin : 683105
T.A. Abbas (54 years)
Tharakandathil House, Thottumugam P.O., Aluva, Ernakulam District, Pin : 683105
T.A. Sajid (49 years)
Tharakandathil House, Thottumugam P.O., Aluva, Ernakulam District, Pin : 683105
T.A. Alija Ali Gribram (27 years)
Tharakandathil House, Thottumugam P.O., Aluva, Ernakulam District, Pin : 683105
Arif Mohammed (21 years)
Tharakandathil House, Thottumugam P.O., Aluva, Ernakulam District, Pin : 683105
Defendants
Alex Chandy @ Alexander (56 years)
Mankuzhiyil House (Yogya House), North Vazhakulam, Marampilly Village, Kunnathunadu Taluk, Aluva, Ernakulam, Pin : 683105
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