Case Summary
The case involves Muhammed Ibrahim who is seeking a permanent prohibitory injunction against Sharafudheen @ Pakki and others. The defendants are accused of attempting to trespass and encroach upon the plaintiff's property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
A permanent prohibitory injunction is granted.
Case Type
Civil Suit
Final Judgment
No
The court granted a permanent prohibitory injunction in favor of the plaintiff, restraining the defendants from trespassing into the plaintiff's property.
Why Plaintiff Won:
The plaintiff established his case through unchallenged oral and documentary evidence.
The plaintiff established his case through unchallenged oral and documentary evidence.
Losing Side's Weaknesses:
The plaintiff established his case through unchallenged oral and documentary evidence.
The plaintiff established his case through unchallenged oral and documentary evidence.
Supporting Evidence
Through the unchallenged oral and documentary evidence adduced by the plaintiff, the plaintiff has established his case.
Judgment Evidence:
In the result, the suit is decreed as follows: 1.A permanent prohibitory injunction is granted in favour of the plaintiff and the defendant nos.1, 2, 4, 5 and 7 are restrained from trespassing into the plaint schedule property and committing any act of waste therein.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Muhammed Ibrahim
- Party Age
- 74
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sharafudheen @ Pakki
- Party Age
- 58
- Party Role
- Defendant
- Party Name
- Ilyas
- Party Age
- 65
- Relation
- H/o
- Party Role
- Defendant
- Party Name
- Sulfi
- Party Age
- 38
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Arifa
- Party Age
- 60
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Safeera @ Nazeera
- Party Age
- 30
- Relation
- W/o
Plaintiffs Documents
Original Sale deed No. 3133/1967, Tax receipt dated 1/02/2019.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. S. Sunil
- 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.
Evidence:
A permanent prohibitory injunction is granted in favour of the plaintiff and the defendant nos.1, 2, 4, 5 and 7 are restrained from trespassing into the plaint schedule property and committing any act of waste therein.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Original sale deed showing plaintiff's right, title and interest over the property.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Tax receipt evidencing the plaintiff's payment of taxes for the property.
Reference:
Ext.A2
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report filed by the Adv. Commissioner detailing the on-site conditions.
Reference:
Ext.C1
Document Type:
Rough Sketch
Submitted By:
Court
Relevance:
Rough sketch filed to illustrate the layout and boundaries of the property.
Reference:
Ext.C1(a)
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiffs Court, Varkala
Common Reasons
Case Code
Case between Muhammed Ibrahim vs Sharafudheen @ Pakki et al regarding permanent prohibitory injunction.
Case Code Year
Case between Muhammed Ibrahim vs Sharafudheen @ Pakki et al regarding permanent prohibitory injunction.