Case Summary
Abdul Samad, the plaintiff, is seeking an interim injunction against P.M.Mirsad and others regarding a property dispute. The case revolves around allegations of illegal construction over a pathway claimed by the plaintiff as a public access route.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court dismissed the plaintiff's petition for an interim injunction, ruling that the plaintiff failed to establish a valid claim over the pathway in question.
Key Reasoning:
The court found no prima facie case in favor of the plaintiff and stated that the balance of convenience favored the defendant.
The court found no prima facie case in favor of the plaintiff and stated that the balance of convenience favored the defendant.
Why Defendant Won:
Not available
Not available
Supporting Evidence
The petitioner has failed to prove any balance of convenience in his favor and also that any irreparable loss and hardship would ensue upon him in case this equitable relief sought for is not granted.
Judgment Evidence:
In the result, the petition is dismissed.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Abdul Samad
- Party Age
- 54
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- P.M.Mirsad
- Party Age
- 37
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- M.M.Kunju Muhammed
- Party Age
- 75
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Kadheeja Khader Pillai
- Party Age
- 70
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Souda Mohedheen
- Party Age
- 59
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Shamlath
- Party Age
- 56
- Relation
- W/o
Plaintiffs Documents
Photocopy of the partition deed no. 966/22 of SRO Edappally, Photocopy of the complaint filed by the plaintiff before the Revenue vigilance officer.
Defendants Documents
Photocopy of Sale Deed no. 2173/2024 of SRO Edappally, Building Permit.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- K.B.Rajesh
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Jose P Thomas
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- N.S.Mohammed Usman
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- P.Priyadevi
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Ashna T Ashik
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- N.M.Arshad Ameen
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- T.K.Ajith Kumar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Aswani Jyothy A
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Shobhan George
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Injunction
Outcome:
Refused
Description:
Requested an interim prohibitory injunction against the respondent from obstructing use of plaint B schedule pathway.
Evidence:
Hence for the aforesaid reasons, the point is found against the petitioner. The petition is only liable to be dismissed.
Documents & Evidence
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
Produced by the plaintiff to establish ownership of A schedule property.
Reference:
Ext.P1
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
Produced to show prior partition and rights pertaining to the property.
Reference:
Ext.A4
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
Is referred to establish the claim of property ownership.
Reference:
Ext.A6
Document Type:
Sale deed
Submitted By:
Defendant
Relevance:
Produced by the defendant to claim ownership of B schedule property.
Reference:
Ext.B1
Document Type:
Basic Tax Receipt
Submitted By:
Defendant
Relevance:
Demonstrates ongoing tax payments related to the property.
Reference:
Ext.B3
Document Type:
Building Permit
Submitted By:
Defendant
Relevance:
Indicates that necessary permissions for construction were obtained.
Reference:
Ext.B7
Document Type:
Occupancy Certificate
Submitted By:
Defendant
Relevance:
Confirms completion of construction per legal standards.
Reference:
Ext.B8
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Provided findings relevant to the use and occupation of B schedule property.
Reference:
Ext.C1
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Unauthorized occupation
Case Code
Case between Abdul Samad vs P.M.Mirsad et al regarding interim injunction.
Case Code Year
Case between Abdul Samad vs P.M.Mirsad et al regarding interim injunction.