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O.S. No. 332/2024

Case between Muhammed Ashmil Mirash et al vs Laila Kabeer regarding perpetual injunction

Court
COURT OF THE MUNSIFF, PERUMBAVOOR
Judge
Smt. Alshari A.
Order Date
2025-01-22
Duration
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

The plaintiffs, including a minor represented by his grandmother, seek a perpetual injunction against the defendant, who is allegedly threatening the plaintiffs' right over the property and has previously entered forcefully. The case involves property disputes and safety concerns following a complex familial relationship.

Judgment Outcome

Plaintiff Won
Interim Order
The suit is decreed in favor of the plaintiffs, granting them a perpetual injunction against the defendant from forcefully entering the plaint schedule property.
Judgment Favored
Plaintiff
Relief Granted
The defendant is hereby restrained from entering forcefully in to the plaint schedule property or cause any destructions to the same by way of perpetual injunction.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiffs, granting them a perpetual injunction against the defendant from forcefully entering the plaint schedule property.
Why Plaintiff Won:
The unchallenged evidence of the plaintiffs supported by marked documents proves their case.
Losing Side's Weaknesses:
Not available
Supporting Evidence
The evidence tendered by PW1 and the documents marked as Ext.A1 to A16 and C1, C1(a) stands unchallenged. No contra evidence adduced. In the absence of any contra evidence, the unchallenged evidence of PW1 and the documents marked as Ext.A1 to A16 and C1, C1(a) proves the case of the plaintiffs.

Judgment Evidence:

In the result, the suit is decreed with costs as follows:- The defendant is hereby restrained from entering forcefully in to the plaint schedule property or cause any destructions to the same by way of perpetual injunction.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Muhammed Ashmil Mirash
Party Age
13
Relation
S/o
Party Role
Plaintiff
Party Name
Amina Aboobacker
Party Age
58
Relation
W/o
Party Role
Defendant
Party Name
Laila Kabeer
Party Age
39
Relation
D/o
Plaintiffs Documents
Settlement deed No.1839/2024, Sale deed No. 1026/2024, Sale deed No.86/2020, Land tax receipt issued by Vengola Village, Building tax receipt from Vengola Grama Panchayath, Ownership certificate issued by Vengola Grama Panchayath, Sale agreement dated 12.12.2023, Copy of complaint filed before the Ernakulam Child Welfare Committee, Copies of complaints filed before the SHO, Perumbavoor, Copy of the C.M.P.4032/2024 in M.C.53/2024 of Judicial First Class Magistrate-I, Perumbavoor, Photographs
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Aneesh K. S.
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Farhath Salim
Appearance Type
Main Counsel

Reliefs

Relief Type: Permanent Injunction
Outcome: Granted
Description:
Request for the defendant to be restrained from entering the plaint schedule property.
Evidence:
The defendant is hereby restrained from entering forcefully in to the plaint schedule property or cause any destructions to the same by way of perpetual injunction.

Documents & Evidence

Document Type: Settlement Deed
Submitted By: Plaintiff
Relevance:
This document evidences the settlement of the property gifted to the first plaintiff.
Reference:
Ext.A1
Document Type: Sale deed
Submitted By: Plaintiff
Relevance:
This document relates to the sale of property by the second plaintiff in favor of the first plaintiff.
Reference:
Ext.A2
Document Type: Sale deed
Submitted By: Plaintiff
Relevance:
This document concerns another sale deed relevant to the property in question.
Reference:
Ext.A3
Document Type: Tax receipt
Submitted By: Plaintiff
Relevance:
This receipt demonstrates the tax payment for the land.
Reference:
Ext.A4
Document Type: Tax receipt
Submitted By: Plaintiff
Relevance:
This receipt evidences the payment of building tax.
Reference:
Ext.A5
Document Type: Ownership Certificate
Submitted By: Plaintiff
Relevance:
This document certifies the ownership of the property in favor of the plaintiffs.
Reference:
Ext.A6
Document Type: Sale Agreement
Submitted By: Plaintiff
Relevance:
This document is a sale agreement involving the property.
Reference:
Ext.A7
Document Type: Sale Agreement
Submitted By: Plaintiff
Relevance:
Another sale agreement related to the property in question.
Reference:
Ext.A8
Document Type: Complaint
Submitted By: Plaintiff
Relevance:
This document is a complaint lodged with the Child Welfare Committee.
Reference:
Ext.A9
Document Type: Complaint
Submitted By: Plaintiff
Relevance:
This document is a complaint filed before the SHO, discussing domestic issues.
Reference:
Ext.A10
Document Type: Complaint
Submitted By: Plaintiff
Relevance:
Another complaint filed before the SHO regarding domestic disturbances.
Reference:
Ext.A11
Document Type: Proceedings
Submitted By: Plaintiff
Relevance:
This document contains procedural information regarding a specific motion at the magistrate court.
Reference:
Ext.A12
Document Type: Proceedings
Submitted By: Plaintiff
Relevance:
This document details further proceedings in the magistrate court.
Reference:
Ext.A13
Document Type: Complaint
Submitted By: Plaintiff
Relevance:
This document is another complaint filed before the SHO.
Reference:
Ext.A14
Document Type: F.I.R.
Submitted By: Plaintiff
Relevance:
This document provides details of a police report regarding previous incidents.
Reference:
Ext.A15
Document Type: Photographs
Submitted By: Plaintiff
Relevance:
This document consists of photographs submitted as evidence in the case.
Reference:
Ext.A16
Document Type: Commission Report
Submitted By: Court
Relevance:
This report was prepared by the Advocate Commissioner for the court proceedings.
Reference:
Ext.C1
Document Type: Rough Sketch
Submitted By: Court
Relevance:
This sketch accompanies the commission report, providing visual evidence.
Reference:
Ext.C1(a)

Case Classification

Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Kolenchery
Common Reasons
Case Code
Case between Muhammed Ashmil Mirash et al vs Laila Kabeer regarding perpetual injunction
Case Code Year
Case between Muhammed Ashmil Mirash et al vs Laila Kabeer regarding perpetual injunction

Quick Facts

Location
Perumbavoor
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Kolenchery
Case Filed
Case Closed
From
Wed, 01/01/2025 - 12:00
To
Fri, 01/31/2025 - 12:00
Outcome Confidence
90%

Involved Entities

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