O.S. No. 596/2022

Case between Zeenath Mohammed Najeeb et al vs Nazer A R et al regarding declaration and permanent prohibitory injunction.

Court

IN THE COURT OF MUNSIFF, ERNAKULAM

Judge

Smt. Needi.K.Dinamany

Order Date

2025-11-07

Duration

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Case Summary

Zeenath Mohammed Najeeb and A S Mohammed Najeeb filed a suit against Nazer A R and others seeking a declaration and permanent injunction. The plaintiffs allege harassment and threats from the defendants regarding property issues after caring for their parents, while the defendants claim the suit is frivolous and aimed at retaining property illegally.

Judgment Outcome

Defendant Won

Interim Order

The court dismissed the suit, stating that the plaintiffs failed to provide sufficient evidence to support their claims of harassment and threats. The court found no justification for the injunction sought by the plaintiffs.

Judgment Favored

Defendant

Relief Granted

Case Type

Civil Suit

Final Judgment

Key Reasoning:
The plaintiffs did not prove their case adequately.

Judgment Evidence:

In the result 1) The suit is dismissed.

Parties Involved

Plaintiffs

Zeenath Mohammed Najeeb (56 years) House No. 11/482, Meckanzy Gardens, Antharathara, Pattalam (PO), Fortkochi Village, Kochi Taluk, Ernakulam District, Pin - 682 001. A S Mohammed Najeeb (68 years) House No. 11/482, Meckanzy Gardens, Antharathara, Pattalam (PO), Fortkochi Village, Kochi Taluk, Ernakulam District, Pin - 682 001.

Defendants

Nazer A R (58 years) Flat No. 6A, Asset Refresh Thanapadam Road, Near Maliakkal Stores, Padamughal, Kakkanad, Cochin Special Zone (PO), Ernakulam District, Pin - 682 037. Bindu Nazer (58 years) Flat No. 6A, Asset Refresh Thanapadam Road, Near Maliakkal Stores, Padamughal, Kakkanad, Cochin Special Zone (PO), Ernakulam District, Pin - 682 037. K Shamsudheen (71 years) Kizhakkedath House, Near Talent Public School, Ashokapuram, Aluva, Ernakulam, Pin - 683 101. Umaiban Pareedkunju (65 years) Kalapurakkal House, Puthya Road Junction, Kuttikkattukara (PO), Udyogamandalam, Ernakulam, Pin - 683 501. Suhara Beevi (73 years) Padanattu House, M A Abubacker Road, Padamugal, Kakkanad, Ernakulam, Pin - 683 501.

Reliefs

Relief Type: Injunction

Outcome: Refused

Description:

Permanent injunction restraining the defendants from maligning, threatening, or coercing the plaintiffs.

Evidence:

the plaintiffs are not entitled for declaration and injunction as sought for.

Relief Type: Declaration

Outcome: Refused

Description:

Declaration that defendant and their men have no right to disturb the peaceful living of the plaintiffs.

Evidence:

the plaintiffs are not entitled for declaration and injunction as sought for.

Documents & Evidence

Document Type: Gift Deed

Submitted By: Plaintiff

Relevance:

Certified copy of Gift deed no: 3997/2018, SRO Ernakulam

Reference:

Ext.A1

Document Type: Compact Disc