Case Summary
Yoosaf Ali filed a suit against Abdul Salam seeking permanent prohibitory injunction to prevent the defendant from encroaching on his property's right of way.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction
Case Type
Civil Suit - Permanent Prohibitory Injunction
Final Judgment
No
The court granted a permanent prohibitory injunction, restraining the defendant from encroaching on the plaintiff's B schedule property.
Why Plaintiff Won:
The plaintiff proved his case with cogent and reliable evidence.
The plaintiff proved his case with cogent and reliable evidence.
Losing Side's Weaknesses:
The plaintiff proved his case with cogent and reliable evidence.
The plaintiff proved his case with cogent and reliable evidence.
Supporting Evidence
Since the defendant has not filed any written statement, nothing is there before this court to unruffled the evidence adduced By PW1.
Judgment Evidence:
The suit is decreed as follows: The defendant and his men are restrained by way of permanent prohibitory injunction from encroaching into plaint B schedule property or to add plaint B schedule property to the defendant property. Defendant shall pay cost of the suit.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Yoosaf Ali
- Party Age
- 59
- Relation
- S/o Muhammed Haji
- Party Role
- Defendant
- Party Name
- Abdul Salam
- Party Age
- 65
- Relation
- S/o Muhammed
Plaintiffs Documents
Certified copy of document dated 31-10-2014 and tax receipt dated 8-12-2015.
Defendants Documents
Not available
Advocates
Reliefs
Relief Type:
Permanent Prohibitory Injunction
Outcome:
Granted
Description:
To restrain the defendant from encroaching into plaint B schedule property.
Evidence:
The suit is decreed as follows: The defendant and his men are restrained by way of permanent prohibitory injunction from encroaching into plaint B schedule property or to add plaint B schedule property to the defendant property.
Documents & Evidence
Document Type:
Document
Submitted By:
Plaintiff
Relevance:
The certified copy of the document supported the plaintiff's case.
Reference:
31-10-2014 - Document No.4380/14
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
The tax receipt further strengthened the plaintiff's case.
Reference:
8-12-2015
Case Classification
Case Type
Civil Suit - Permanent Prohibitory Injunction
Category
Injunction and Access Rights
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Property boundary dispute
Case Code
Case between Yoosaf Ali vs Abdul Salam regarding encroachment and right of way
Case Code Year
Case between Yoosaf Ali vs Abdul Salam regarding encroachment and right of way