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

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

No

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.

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

Why Defendant Won:
The plaintiffs did not prove their case adequately.

Supporting Evidence

the court is satisfied that the plaintiffs have failed to prove their case.

Judgment Evidence:

In the result 1) The suit is dismissed.

Parties Involved

Parties

Party Role: Plaintiff
Party Name: Zeenath Mohammed Najeeb
Party Age: 56
Relation: D/o

Party Role: Plaintiff
Party Name: A S Mohammed Najeeb
Party Age: 68
Relation: S/o

Party Role: Defendant
Party Name: Nazer A R
Party Age: 58
Relation: S/o

Party Role: Defendant
Party Name: Bindu Nazer
Party Age: 58
Relation: S/o

Party Role: Defendant
Party Name: K Shamsudheen
Party Age: 71
Relation: S/o

Party Role: Defendant
Party Name: Umaiban Pareedkunju
Party Age: 65
Relation: D/o

Party Role: Defendant
Party Name: Suhara Beevi
Party Age: 73
Relation: D/o

Plaintiffs Documents

Certified copy of Gift deed no: 3997/2018, Compact Disc containing whatsapp messages.

Defendants Documents

Advocates

Party Role: Plaintiff
Advocate Name: R o Muhammed Shemeem
Appearance Type: Main Counsel

Party Role: Plaintiff
Advocate Name: Naseeha Beegum P S
Appearance Type: Assisting Counsel

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

Submitted By: Plaintiff

Relevance:

CD containing the threatening whatsapp message