Case Summary
Muneera, the first defendant, is the legal guardian of a mentally retarded child named Jouhar, who is involved in a dispute regarding property ownership. The respondents have allegedly attempted to encroach upon the properties managed by Muneera, prompting her to seek a temporary injunction.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
A temporary injunction is granted in favor of the petitioner.
Case Type
Civil Suit
Final Judgment
No
The court granted a temporary injunction in favor of Muneera, restraining the respondents from encroaching upon the properties managed by her on behalf of Jouhar.
Why Plaintiff Won:
The petitioner established a prima facie case and the balance of convenience lies in her favor.
The petitioner established a prima facie case and the balance of convenience lies in her favor.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
This court is of the view that prima facie case is in favour of the petitioner and balance of convenience is also with the petitioner. If this petition is not allowed, irreparable injury will be caused to the petitioner.
Judgment Evidence:
In the result, petition is allowed as follows: A temporary injunction is granted in favour of the petitioner and respondents are restrained from forcefully encroaching into the petition schedule properties and obstructing the possession of the petitioner over the same for and on behalf of the mentally retarded Jouhar.
Parties Involved
Parties
- Party Role
- Defendant
- Party Name
- Muneera
- Party Age
- 67
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Shafeela Beegum
- Party Age
- 56
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Nazimudheen
- Party Age
- 73
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Muhammed Illiyas
- Party Age
- 70
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Sirajudheen
- Party Age
- 67
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Muneerudheen
- Party Age
- 64
- Relation
- S/o
Plaintiffs Documents
Certified copy of Sale deed No. 3404/ 1984, Tax receipt dated 13/05/2024
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- P. S. Jobin
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Adv. Shajilal. S.
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Adv. Saliya Babu
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Temporary Injunction
Outcome:
Granted
Description:
A temporary injunction is granted in favour of the petitioner restraining the respondents from forcefully encroaching into the petition schedule properties and obstructing the possession.
Evidence:
A temporary injunction is granted in favour of the petitioner and respondents are restrained from forcefully encroaching into the petition schedule properties and obstructing the possession of the petitioner over the same for and on behalf of the mentally retarded Jouhar.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Sale deed No. 3404/1984, dated 08/08/1984.
Reference:
Ext.A1
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Sale deed No. 3298/1987, dated 02/09/1987.
Reference:
Ext.A2
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Sale deed No. 2576/1972, dated 24/07/1972.
Reference:
Ext.A3
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Sale deed No. 4449/1972, dated 27/12/1972.
Reference:
Ext.A4
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Tax receipt dated 13/05/2024.
Reference:
Ext.A5
Document Type:
Possession Certificate
Submitted By:
Plaintiff
Relevance:
Possession Certificate dated 02/02/2024.
Reference:
Ext.A6
Document Type:
Certificate of appointment
Submitted By:
Plaintiff
Relevance:
Certificate of appointment of legal guardian issued from National Trust for the welfare of persons with Autism, Cerebral palsy dated 13/07/2019.
Reference:
Ext.A7
Document Type:
Disability Certificate
Submitted By:
Plaintiff
Relevance:
Disability Certificate issued from Medical Hospital, Thiruvananthapuram dated 30/05/2006.
Reference:
Ext.A8
Document Type:
Ration Card
Submitted By:
Plaintiff
Relevance:
Copy of Ration Card.
Reference:
Ext.A9
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 Muneera vs Shafeela Beegum et al regarding temporary injunction.
Case Code Year
Case between Muneera vs Shafeela Beegum et al regarding temporary injunction.