Case Summary
The plaintiffs, Sivadasan and Shajil P.P., are seeking a permanent prohibitory injunction against the defendant, Sabeera Salim, who is attempting to demolish a compound wall and trespass onto their property. The plaintiffs claim they have maintained possession of the properties and are threatened by the defendant's actions.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction from demolishing the compound wall and trespassing.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiffs, restraining the defendant from demolishing their compound wall and trespassing onto their property.
Why Plaintiff Won:
The plaintiffs successfully proved their case based on their long-term possession and the lack of rights from the defendant.
The plaintiffs successfully proved their case based on their long-term possession and the lack of rights from the defendant.
Losing Side's Weaknesses:
The plaintiffs successfully proved their case based on their long-term possession and the lack of rights from the defendant.
The plaintiffs successfully proved their case based on their long-term possession and the lack of rights from the defendant.
Supporting Evidence
The evidence of PW1 and the documents produced by him stands unrebutted. As such I find that the plaintiffs have succeeded to prove their case and therefore, they are entitled to a decree as prayed for.
Judgment Evidence:
In the result the suit is decreed as follows. 1)The defendant is restrained by way of permanent prohibitory injunction from demolishing the compound wall on the eastern and southern side of plaint schedule property and from trespassing into the same.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sivadasan
- Party Age
- 84
- Relation
- S/o.
- Party Role
- Plaintiff
- Party Name
- Shajil P.P.
- Party Age
- 56
- Relation
- S/o.
- Party Role
- Defendant
- Party Name
- Sabeera Salim
- Party Age
- 50
- Relation
- W/o.
Plaintiffs Documents
Certified copy of Hon’ble High Court Order in RFA 251/2015, Commission report submitted by Adv. K. Rajesh Kannan.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. V. Sreenath
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
The defendant is restrained from demolishing the compound wall and trespassing into the plaint schedule property.
Evidence:
In the result the suit is decreed as follows. 1)The defendant is restrained by way of permanent prohibitory injunction from demolishing the compound wall on the eastern and southern side of plaint schedule property and from trespassing into the same.
Relief Type:
Costs
Outcome:
Granted
Description:
The defendant shall pay the costs of the suit.
Evidence:
2)The defendant shall pay the costs of the suit.
Documents & Evidence
Document Type:
Certified copy of High Court Order
Submitted By:
Plaintiff
Relevance:
Submitted as evidence supporting the plaintiffs' claims.
Reference:
Ext.A1
Document Type:
Commission Report
Submitted By:
Plaintiff
Relevance:
Submitted as evidence supporting the plaintiffs' claims.
Reference:
Ext.A1(a)
Document Type:
Certified copy of Release Deed
Submitted By:
Plaintiff
Relevance:
Submitted as evidence supporting the plaintiffs' claims.
Reference:
Ext.A2
Document Type:
Possession Certificate
Submitted By:
Plaintiff
Relevance:
Submitted as evidence proving possession of the property.
Reference:
Ext.A3
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Submitted to establish financial responsibility for the property.
Reference:
Ext.A4
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Submitted to establish financial responsibility for the property.
Reference:
Ext.A5
Document Type:
Certified Copy of Delivery Account
Submitted By:
Plaintiff
Relevance:
Submitted as evidence of possession as per court order.
Reference:
Ext.A6
Document Type:
Certified Copy of Delivery Account
Submitted By:
Plaintiff
Relevance:
Submitted as evidence of possession as per court order.
Reference:
Ext.A7
Document Type:
Possession Certificate
Submitted By:
Plaintiff
Relevance:
Submitted as evidence proving possession of the property.
Reference:
Ext.A8
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Submitted as part of the court's evaluation.
Reference:
Ext.C1
Document Type:
Plan
Submitted By:
Court
Relevance:
Submitted as part of the court's evaluation.
Reference:
Ext.C1(a)
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 1 Kozhikode
Common Reasons
Case Code
Case between Sivadasan et al vs Sabeera Salim regarding Suit for permanent prohibitory injunction.
Case Code Year
Case between Sivadasan et al vs Sabeera Salim regarding Suit for permanent prohibitory injunction.