Case Summary
The plaintiffs, Rakhi @ Ragisha and Kamala, seek a permanent prohibitory injunction against the defendants, including Vaniyam Veetil Muhammad Ali and others, who are alleged to have trespassed into their property to mark for road widening without consent. The plaintiffs contest the defendants' claims of rights over their property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction restraining the defendants from trespassing into the plaint schedule property and from demolishing any part of the building situated there.
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiffs, granting a permanent prohibitory injunction against the defendants. The defendants are restrained from trespassing into the plaintiffs' property or demolishing any part of it.
Why Plaintiff Won:
The plaintiffs successfully established their possession over the plaint schedule property and the apprehension of trespass was proven.
The plaintiffs successfully established their possession over the plaint schedule property and the apprehension of trespass was proven.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The plaintiff was cross examined in detail and nothing challenging was asked by the counsel for D5 with regard to the possession of the plaintiff over the plaint schedule property and the building therein. The plaintiff has taken out a commission and the Advocate commissioner has inspected the plaint schedule property including the building therein.
Judgment Evidence:
In the result, the suit is decreed with costs. 1. 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
- RAKHI @ RAGISHA
- Party Age
- 47
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- KAMALA
- Party Age
- 64
- Relation
- W/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
Certified copy of Assignment Deed No. 1981/82 of SRO, Kakkattil, Property Tax receipts.
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
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. P. M. Previn
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. Abdul Raoof
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt. Anju. M.P
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Mohammed Niyas
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. K. M. Ramdas
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Smt. Akshaya. V. C
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Permanent prohibitory injunction restraining the defendants from trespassing into the plaint schedule property.
Evidence:
The defendants and their men or agents are restrained by a decree of permanent prohibitory injunction from trespassing into the plaint schedule property.
Documents & Evidence
Document Type:
Certified copy of assignment deed
Submitted By:
Plaintiff
Relevance:
Establishes title over the plaint schedule property.
Reference:
Ext.A1
Document Type:
Property Tax Receipt
Submitted By:
Plaintiff
Relevance:
Provides evidence of possession related to the plaint schedule property.
Reference:
Ext.A2
Document Type:
Property Tax Receipt
Submitted By:
Plaintiff
Relevance:
Provides evidence of possession related to the plaint schedule property.
Reference:
Ext.A3
Document Type:
Property Tax Receipt
Submitted By:
Plaintiff
Relevance:
Provides evidence of possession related to the plaint schedule property.
Reference:
Ext.A4
Document Type:
Property Tax Receipt
Submitted By:
Plaintiff
Relevance:
Provides evidence of possession related to the plaint schedule property.
Reference:
Ext.A5
Document Type:
Basic Tax Receipt
Submitted By:
Plaintiff
Relevance:
Provides evidence of possession related to the plaint schedule property.
Reference:
Ext.A6
Document Type:
Notice
Submitted By:
Plaintiff
Relevance:
Subject to objection regarding the intent of the defendants.
Reference:
Ext.A7
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Identifies the plaint schedule property and the building therein.
Reference:
Ext.C1
Document Type:
Commissioner’s Plan
Submitted By:
Court
Relevance:
Provides a visual representation of the plaint schedule property.
Reference:
Ext.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 RAKHI @ RAGISHA vs VANIYAM VEETIL MUHAMMAD ALI et al regarding permanent prohibitory injunction.
Case Code Year
Case between RAKHI @ RAGISHA vs VANIYAM VEETIL MUHAMMAD ALI et al regarding permanent prohibitory injunction.