Case Summary
Shamal, the plaintiff, seeks to prevent Dr. Shyna Backer from trespassing on his property and interfering with his elderly father’s care. The case arises from allegations that the defendant threatened the plaintiff and attempted to forcefully remove his father from the property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction restraining the defendant from trespassing into the plaint schedule property.
Case Type
Civil Suit
Final Judgment
No
The court granted a partial decree, issuing a permanent prohibitory injunction against the defendant to prevent her from trespassing on the plaintiff's property and interfering with his family's peace.
Why Plaintiff Won:
The plaintiff's claim regarding property rights was established through the unrebutted oral testimony and supporting evidence.
The plaintiff's claim regarding property rights was established through the unrebutted oral testimony and supporting evidence.
Losing Side's Weaknesses:
The plaintiff's claim regarding property rights was established through the unrebutted oral testimony and supporting evidence.
The plaintiff's claim regarding property rights was established through the unrebutted oral testimony and supporting evidence.
Supporting Evidence
The unrebutted oral testimony of PW1 and Ext. A1(a) established his case with respect to plaint schedule property. In the absence of any countervailing evidence to contradict these proof of plaint claim and Exhibits, I learn that same remains uncontroverted and accordingly admitted and the plaintiff is entitled to the relief as prayed for.
Judgment Evidence:
In the result, suit is decreed in part as follows: A decree of permanent prohibitory injunction is passed, restraining the defendant and men claiming under her from trespassing into the plaint schedule property and from obstructing the peaceful possession and enjoyment of plaintiff and his family therein.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Shamal
- Party Age
- 61
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Muhammad Azhar K.S.
- Relation
- Son
- Party Role
- Plaintiff
- Party Name
- Abubakar
- Party Age
- 93
- Relation
- Father
- Party Role
- Defendant
- Party Name
- Dr. Shyna Backer
- Party Age
- 57
- Relation
- W/o
Plaintiffs Documents
Certified copy of Settlement deed No. 1507/2020 dated 09.10.2020.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- C.I. Edison
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Restraining the defendant and her associates from trespassing into the plaint schedule property and obstructing the peaceful possession and enjoyment of the plaintiff and his family.
Evidence:
A decree of permanent prohibitory injunction is passed, restraining the defendant and men claiming under her from trespassing into the plaint schedule property and from obstructing the peaceful possession and enjoyment of plaintiff and his family therein.
Relief Type:
Other
Outcome:
Granted
Description:
Entitlement to recover costs of the suit from the defendant.
Evidence:
The plaintiff is entitled to realize costs of the suit from the defendant and from her assets.
Documents & Evidence
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of settlement deed No. 1507/2020, marked in evidence to establish the plaintiff's claim over the property.
Reference:
Ext.A1(a)
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 Shamal vs Dr. Shyna Backer regarding Permanent prohibitory injunction and other reliefs.
Case Code Year
Case between Shamal vs Dr. Shyna Backer regarding Permanent prohibitory injunction and other reliefs.