Case Summary
This case involves Kunhabdulla, the plaintiff, who is seeking a permanent prohibitory injunction against the defendants, including Vaniyam Veetil Muhammad Ali, to prevent them from trespassing onto his property for a road widening project. The defendants allegedly entered the property without consent and marked sections they claimed were necessary for the road work.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction restraining the defendants from trespassing into the plaint schedule property, demolishing any part of the building situated there or annexing any section of the plaint schedule property for widening of the road.
Case Type
Civil Suit
Final Judgment
No
The court granted the plaintiff's request for a permanent prohibitory injunction, preventing the defendants from trespassing onto the plaintiff's property or demolishing any part of his building for road widening purposes.
Why Plaintiff Won:
The plaintiff successfully established his possession over the property and demonstrated apprehension of trespass.
The plaintiff successfully established his possession over the property and demonstrated apprehension of trespass.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The plaintiff has successfully established the kind of apprehension faced by him and the court found the plaint schedule property identifiable and the plaintiff's possession established.
Judgment Evidence:
In the result, the suit is decreed with costs. The defendants and their men or agents are restrained by a decree of permanent prohibitory injunction from trespassing into the plaint schedule property, and from demolishing any part of the building situated there or annexing any section of the plaint schedule property for widening of the road on the north and from committing any acts of waste in the plaint schedule property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Kunhabdulla
- Party Age
- 63
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Vaniyam Veetil Muhammad Ali
- Party Age
- 44
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Akhila Mariyat
- Party Age
- 30
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- C. K. Nazar
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- K.T.K Chandran
- Party Age
- 64
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Nadapuram Grama Panchayath
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- URALUNGAL LABOUR CONTRACT CO-OPERATIVE SOCIETY LTD.
- Relation
- Represented by
Plaintiffs Documents
Registered Settlement Deed No.868/1990, Building Tax receipt No.1230202131/G110207, Basic Tax Receipt No. KL 11031703233/2024, Notice published by the 1st defendant.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. C. Subramanyian
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. P. Anoop
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. P. M. Previn
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. Abdul Raoof
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt. Anju. M.P
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Mohammed Niyas
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Ramdas
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Smt. Akshaya. V. C
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Permanent prohibitory injunction restraining the defendants from trespassing into the plaint schedule property and demolishing any part of the building situated there.
Evidence:
The defendants and their men or agents are restrained by a decree of permanent prohibitory injunction from trespassing into the plaint schedule property, and from demolishing any part of the building situated there or annexing any section of the plaint schedule property for widening of the road on the north and from committing any acts of waste in the plaint schedule property.
Documents & Evidence
Document Type:
Assignment Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of assignment deed executed by Kunhabdulla Haji in favour of Kunhabdulla.
Reference:
Ext.A1
Document Type:
Building Tax Receipt
Submitted By:
Plaintiff
Relevance:
Building Tax receipt issued by Nadapuram Grama Panchayath.
Reference:
Ext.A2
Document Type:
Basic Tax Receipt
Submitted By:
Plaintiff
Relevance:
Basic Tax Receipt issued by Village Office, Nadapuram.
Reference:
Ext.A3
Document Type:
Notice
Submitted By:
Plaintiff
Relevance:
Notice published by the 1st defendant.
Reference:
Ext.A4
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission Report filed by Stefin. P. Vilson.
Reference:
C1
Document Type:
Commissioner's Plan
Submitted By:
Court
Relevance:
Commissioner’s Plan filed by Stefin.P. Vilson.
Reference:
C1 (a)
Case Classification
Case Type
Civil Suit
Category
Injunction and Access Rights
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court, Nadapuram
Common Reasons
Unauthorized occupation
Case Code
Case between Kunhabdulla vs Vaniyam Veetil Muhammad Ali et al regarding permanent prohibitory injunction.
Case Code Year
Case between Kunhabdulla vs Vaniyam Veetil Muhammad Ali et al regarding permanent prohibitory injunction.