Case Summary
The plaintiff, K. P. Jagatheesh, seeks a permanent prohibitory injunction against the defendants, including Mujeeb and others, regarding the possession of certain properties. There are allegations of trespassing and demolition of the plaintiff's property by the defendants.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendants are restrained from trespassing into the plaint schedule property, committing waste, or obstructing the peaceful enjoyment of the property.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed, restraining the defendants from trespassing into the plaint schedule property and ordering them to pay costs to the plaintiff.
Why Plaintiff Won:
The plaintiff demonstrated exclusive possession of the property.
The plaintiff demonstrated exclusive possession of the property.
Losing Side's Weaknesses:
The plaintiff demonstrated exclusive possession of the property.
The plaintiff demonstrated exclusive possession of the property.
Supporting Evidence
The produced documents would go to show that the plaintiff is in exclusive possession of the plaint schedule property. From the averments in the affidavit it is clear that the defendant tried to trespass into the plaint schedule property, which remains unchallenged. So, the plaintiff is entitled to get a decree as prayed for.
Judgment Evidence:
In the result, The suit is decreed as follows: 1.The defendants, their men and the co owners of the defendants are restrained by a prohibitory injunction from trespassing into the plaint schedule property, committing waste or alterations in the plaintiff's property or obstructing the peaceful enjoyment of the plaint schedule property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- K. P. Jagatheesh
- Party Age
- 54
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Mujeeb
- Party Age
- 40
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Saifudheen
- Party Age
- 38
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Kadeeja
- Party Age
- 60
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Fathima. P
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Basheer. T. K
- Relation
- S/o
Plaintiffs Documents
Certified copy of Janmam assignment executed by Jacob Nainan and others in favour of plaintiff and Apputty, Certified copy of decree in OS 500/2004 of Additional Munsiff Court-ll, Kozhikode.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. K. P. Gangadharan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. Gireesh. P
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Adv. K. M. Musthafa
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Adv. Anooj. A
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Adv. Neena V. G.
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Defendants restrained from trespassing and committing waste on the plaintiff's property.
Evidence:
The suit is decreed as follows: The defendants, their men and the co owners of the defendants are restrained by a prohibitory injunction from trespassing into the plaint schedule property, committing waste or alterations in the plaintiff's property.
Relief Type:
Cost
Outcome:
Granted
Description:
Defendants directed to pay costs of the suit to the plaintiffs.
Evidence:
The defendants are directed to pay the costs of the suit to the plaintiffs.
Documents & Evidence
Document Type:
Certified copy of Janmam Assignment
Submitted By:
Plaintiff
Relevance:
Document showing the assignment executed in favor of the plaintiff.
Reference:
Ext.A1
Document Type:
Certified copy of decree
Submitted By:
Plaintiff
Relevance:
Document showing the decree in another case related to the property.
Reference:
Ext.A2
Document Type:
Copy of commission report
Submitted By:
Plaintiff
Relevance:
Report from an earlier commission regarding the property.
Reference:
Ext.A3
Document Type:
Notary attested copy of Kanam Assignment Deed
Submitted By:
Plaintiff
Relevance:
Assignment deed in favor of K. C. Nainan.
Reference:
Ext.A4
Document Type:
Notary attested copy of purchase Certificate
Submitted By:
Plaintiff
Relevance:
Certificate showing purchase rights related to the property.
Reference:
Ext.A5
Document Type:
Original Osyath
Submitted By:
Plaintiff
Relevance:
Establishing ownership of the plaintiff's father.
Reference:
Ext.A6
Document Type:
Copy of Partnership
Submitted By:
Plaintiff
Relevance:
Document outlining partnership involving the plaintiff.
Reference:
Ext.A7
Document Type:
Original tax receipt
Submitted By:
Plaintiff
Relevance:
Tax receipts indicating property tax payments by the plaintiff.
Reference:
Ext.A8 to A19
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report examined by the court.
Reference:
Ext.C1
Document Type:
Surveyor plan
Submitted By:
Court
Relevance:
Plan submitted regarding the survey of the property.
Reference:
Ext.C1(a)
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Another commission report related to the property.
Reference:
Ext.C1(b)
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Case Code
Case between K. P. Jagatheesh vs Mujeeb et al regarding permanent prohibitory injunction.
Case Code Year
Case between K. P. Jagatheesh vs Mujeeb et al regarding permanent prohibitory injunction.