Case Summary
The plaintiff, Safir, is seeking a permanent prohibitory injunction against the defendant, Suhaib Mathilakath Hameedmon, regarding business operations on the plaint schedule property. The defendant has been threatening the plaintiff and creating disturbances in his business activities.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction against the defendant from trespassing into the property and obstructing the plaintiff's business.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed and the defendant is restrained from trespassing into the plaint schedule property and obstructing the plaintiff from conducting business there.
Why Plaintiff Won:
The unchallenged evidence of the plaintiff and supporting documents establish his right to the property and business.
The unchallenged evidence of the plaintiff and supporting documents establish his right to the property and business.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The unchallenged evidence of PW1 coupled with Exts.A1 to A9, C1 report would prove the case of the plaintiff.
Judgment Evidence:
In the result, the suit is decreed as follows: 1) The defendant is restrained by a decree of permanent prohibitory injunction from trespassing into plaint schedule property and from obstructing the plaintiff from carrying out business over there.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Safir
- Party Age
- 43
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Suhaib Mathilakath Hameedmon
- Party Age
- 36
- Relation
- S/o
Plaintiffs Documents
Janmam assignment deed No.279/2016, various licences issued by Secretary, Olavanna Grama Panchayath, GST registration certificate.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. John.C.Philip
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Restraining the defendant from trespassing into the plaint schedule property.
Evidence:
The defendant is restrained by a decree of permanent prohibitory injunction from trespassing into plaint schedule property and from obstructing the plaintiff from carrying out business over there.
Relief Type:
Other
Outcome:
Granted
Description:
Cost of the suit to be realized from the defendant.
Evidence:
The plaintiff can realise the costs of the suit from the defendant.
Documents & Evidence
Document Type:
Janmam Assignment Deed
Submitted By:
Plaintiff
Relevance:
Proves ownership of the property in question.
Reference:
Ext.A1
Document Type:
Licence
Submitted By:
Plaintiff
Relevance:
Gives the plaintiff the right to run a cool bar and tea shop.
Reference:
Ext.A2
Document Type:
Licence
Submitted By:
Plaintiff
Relevance:
Continues to authorize business operation by the plaintiff.
Reference:
Ext.A3
Document Type:
Licence
Submitted By:
Plaintiff
Relevance:
Extends the plaintiff's business license.
Reference:
Ext.A4
Document Type:
Licence
Submitted By:
Plaintiff
Relevance:
Further authorization for the business operation.
Reference:
Ext.A5
Document Type:
Licence
Submitted By:
Plaintiff
Relevance:
Latest license for business operation.
Reference:
Ext.A6
Document Type:
Building tax payment receipt
Submitted By:
Plaintiff
Relevance:
Indicates the plaintiff's compliance with local tax regulations.
Reference:
Ext.A7
Document Type:
Licence fee payment receipt
Submitted By:
Plaintiff
Relevance:
Confirms payment of license fees by the plaintiff.
Reference:
Ext.A8
Document Type:
G.S.T Registration Certificate
Submitted By:
Plaintiff
Relevance:
Establishes the plaintiff's business as registered for tax purposes.
Reference:
Ext.A9
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Provides evidence regarding the property and its usage.
Reference:
Ext.C1
Document Type:
Sketch
Submitted By:
Court
Relevance:
Visual evidence related to the property.
Reference:
Ext.C1(a)
Document Type:
Photograph
Submitted By:
Court
Relevance:
Visual evidence supporting the plaintiff's claims.
Reference:
Ext.C1(b)
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Case Code
Case between Safir vs Suhaib Mathilakath Hameedmon regarding permanent prohibitory injunction
Case Code Year
Case between Safir vs Suhaib Mathilakath Hameedmon regarding permanent prohibitory injunction