Case Summary
Komakkal Pottamal Ahammed filed a suit against Soudabi seeking a permanent prohibitory injunction related to property transactions. The plaintiff alleges that the defendant did not comply with the terms of their agreement regarding the sale of the property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction restraining the defendant from alienating the plaint schedule property.
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiff, restraining the defendant from alienating the plaint schedule property.
Why Plaintiff Won:
The defendant failed to comply with the terms of the agreement and was found to be trying to sell the property.
The defendant failed to comply with the terms of the agreement and was found to be trying to sell the property.
Losing Side's Weaknesses:
The defendant failed to comply with the terms of the agreement and was found to be trying to sell the property.
The defendant failed to comply with the terms of the agreement and was found to be trying to sell the property.
Supporting Evidence
The plaintiff further contended that the defendant did not comply with the terms of the agreement. He is not ready to transfer the property to the defendant, instead he is trying to sell the property.
Judgment Evidence:
In the result, 1.The defendant is restrained from alienating the plaint schedule property as against the agreement for sale dated 27.10.2023 in between the plaintiff and defendant by way of sale, gift or mortgage or by another modes to any third party or shall not put any other person in possession of the property by way of a permanent prohibitory injunction.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Komakkal Pottamal Ahammed
- Party Age
- 59
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Soudabi
- Party Age
- 43
- Relation
- D/o
Plaintiffs Documents
Original Sale Agreement executed between defendant and plaintiff of SRO, Feroke
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. K. M. Musthafa
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Prasanth U.
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
The defendant is restrained from alienating the plaint schedule property by way of sale, gift, or mortgage.
Evidence:
The defendant can be restrained from alienating the plaint schedule property by way of sale, gift or mortgage.
Relief Type:
Other
Outcome:
Granted
Description:
Defendant shall pay costs of the suit to the plaintiff.
Evidence:
Defendant shall pay costs of the suit to the plaintiff.
Documents & Evidence
Document Type:
Original Sale Agreement
Submitted By:
Plaintiff
Relevance:
This document was marked and is the basis for the agreement regarding the sale of the property in dispute.
Reference:
Ext.A1
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 Komakkal Pottamal Ahammed vs Soudabi regarding permanent prohibitory injunction
Case Code Year
Case between Komakkal Pottamal Ahammed vs Soudabi regarding permanent prohibitory injunction
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque issued towards legally enforceable debt