Case Summary
This case involves a petition for temporary injunction filed by Navas Sherief Basheer and Sainul Abid against Gladis M Charly and others. The plaintiffs seek to prevent the defendants from using certain properties they claim ownership over, which the defendants contest.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The petition for temporary injunction was dismissed as the petitioners failed to prove ownership and a prima facie case regarding the properties. The court determined that the balance of convenience favored the defendants.
Key Reasoning:
The petitioners could not establish exclusive ownership or a prima facie case.
The petitioners could not establish exclusive ownership or a prima facie case.
Why Defendant Won:
The petitioners could not establish exclusive ownership or a prima facie case.
The petitioners could not establish exclusive ownership or a prima facie case.
Supporting Evidence
The petitioner has failed to prove a prima facie case in his favour. Also, the 3rd respondent herein claims a right of easement by prescription through plaint A and B schedule properties, so, if the injunction is granted it would result in the irreparable injury and loss to the 3rd respondent.
Judgment Evidence:
In the result, 1) Petition is dismissed.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Navas Sherief Basheer
- Party Age
- 32
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Sainul Abid
- Party Age
- 58
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Gladis M Charly
- Party Age
- 51
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Tressa Joy
- Party Age
- 22
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Anwar Sajith
- Party Age
- 52
- Relation
- S/o
Plaintiffs Documents
Copy of Sale deed no. 2396/1/2023 of SRO, Maradu, Certified copy of Sale deed no. 978/1/2024 of SRO, Maradu, Copy of release deed no. 4259/2006, Copy of Power of Attorney executed by the 1st plaintiff in favour of Mr. T P Basheer.
Defendants Documents
Nil
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Biju Abraham
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sangeetha M
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Shaheer Ali Muhammed
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Arathi T S
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Akshai M Sivan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Paul Mathew Vino
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Mary Berteena Benny
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Dini Lilly K J
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Amrin Fathima
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- V S Mansoor
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- J Ramkumar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Akhil Binoy
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Ahammad Mizwar V P
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Injunction
Outcome:
Refused
Description:
Request for temporary injunction to restrain the respondents from using properties A and B.
Evidence:
The petitioner has failed to prove a prima facie case in his favour.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Copy of Sale deed no. 2396/1/2023 of SRO, Maradu, establishes the plaintiffs' claimed rights over properties A and B.
Reference:
Ext.A1
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Copy of Certified copy of Sale deed no. 978/1/2024 of SRO, Maradu, establishes the right of way relevant to the dispute.
Reference:
Ext.A2
Document Type:
Release deed
Submitted By:
Plaintiff
Relevance:
Copy of release deed no. 4259/2006, relevant to property history.
Reference:
Ext.A3
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
Copy of Power of Attorney executed by the 1st plaintiff in favour of Mr. T P Basheer, relevant to the representation of plaintiffs.
Reference:
Ext.A4
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission Report filed by Adv. Anuros Martin, provides factual background related to the properties in question.
Reference:
Ext.C1
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between Navas Sherief Basheer et al vs Gladis M Charly et al regarding temporary injunction.
Case Code Year
Case between Navas Sherief Basheer et al vs Gladis M Charly et al regarding temporary injunction.