Case Summary
Plaintiffs filed suit seeking injunction against defendants to protect their peaceful possession of the property for religious activities, despite obstruction by defendants.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction
Case Type
Civil Suit - Injunction
Final Judgment
No
Plaintiffs were granted a permanent prohibitory injunction against defendants to refrain from obstructing peaceful possession of the property.
Why Plaintiff Won:
The defendants trespassed, caused damages, and threatened the peaceful possession of the plaintiffs, establishing the need for injunctive relief.
The defendants trespassed, caused damages, and threatened the peaceful possession of the plaintiffs, establishing the need for injunctive relief.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The suit was decreed in favor of the plaintiffs based on the defendants' trespass, property damage, and threats directed towards the plaintiffs.
Judgment Evidence:
The defendants are restrained by way of permanent prohibitory injunction from making any obstruction to the plaintiff's peaceful possession of the plaint schedule property or to cause any damages to the House situated in the plan schedule property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Saidalikkutty
- Party Age
- 47
- Relation
- Child of Maliyekkal Veettil Muhammed
- Party Role
- Plaintiff
- Party Name
- Muhammedali
- Party Age
- 40
- Relation
- Child of Maliyekkal Veettil Muhammed
- Party Role
- Plaintiff
- Party Name
- Sainudheen
- Party Age
- 38
- Relation
- Child of Maliyekkal Veettil Muhammed
- Party Role
- Defendant
- Party Name
- Yahu
- Party Age
- 38
- Relation
- Son of Pathiyil Muhammed
- Party Role
- Defendant
- Party Name
- Saheer
- Party Age
- 30
- Relation
- Son of Naduthodi Saidu
Plaintiffs Documents
Certified copy of Joint right release deed No. 1040/1967, Tax Receipt dated 7-2-2014, Receipt dated 16-3-2012, Certified copy of FIR No. 148/14 dated 6-2-2014, Final report in FIR No. 148/14, dated 24-11-2014
Defendants Documents
Copy of minutes (Athavanadu Panchayath) dated 13-2-14, Copy of decision taken by Athavanadu Panchayath dated 13-2-14, Decision taken by Mahal Kidmathudheen Committee dated 6-10-2017, Letter received from Malappuram District SP dated 9-3-15, Paper cutting dated 14-2-2014
Advocates
Reliefs
Relief Type:
Permanent Prohibitory Injunction
Outcome:
Granted
Description:
To restrain the defendants from making any obstruction to the plaintiff's peaceful possession of the plaint schedule property or to cause any damages to the House situated in the paint schedule property.
Evidence:
The defendants are restrained by way of permanent prohibitory injunction from making any obstruction to the plaintiff's peaceful possession of the plaint schedule property or to cause any damages to the House situated in the plan schedule property.
Documents & Evidence
Document Type:
Certified Copy
Submitted By:
Plaintiff
Relevance:
Joint right release deed proving ownership of plaint schedule property
Reference:
A1
Document Type:
Minutes
Submitted By:
Defendant
Relevance:
Copy of minutes by Athavanadu Panchayath regarding the property issue
Reference:
B1
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report submitted as court exhibit
Reference:
C1
Case Classification
Case Type
Civil Suit - Injunction
Category
Injunction and Access Rights
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Property Trespass
Case Code
Case between Saidalikkutty et al vs Yahu et al regarding religious practice rights
Case Code Year
Case between Saidalikkutty et al vs Yahu et al regarding religious practice rights