Case Summary
This case involves Abdulla Sons Private Limited Company and its Managing Director P.Ahammed Kutty against Aneesh regarding a dispute over property boundaries and the installation of a no parking board. The plaintiff seeks a permanent injunction to prevent the defendant from obstructing their property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction and costs of the proceedings
Case Type
Civil Suit
Final Judgment
No
The court granted a permanent prohibitory injunction in favor of the plaintiffs, restraining the defendant from obstructing their property and compelled the defendant to pay the costs of the proceedings.
Why Plaintiff Won:
The apprehension of the plaintiff was well proved by the oral evidence presented in court, showing clear property boundaries.
The apprehension of the plaintiff was well proved by the oral evidence presented in court, showing clear property boundaries.
Losing Side's Weaknesses:
The apprehension of the plaintiff was well proved by the oral evidence presented in court, showing clear property boundaries.
The apprehension of the plaintiff was well proved by the oral evidence presented in court, showing clear property boundaries.
Supporting Evidence
The apprehension of the plaintiff is well proved by the oral evidence of the PW1. The suit is liable to be decreed and I do so.
Judgment Evidence:
In the result, the defendant, his men and agents are hereby restrained by way of permanent prohibitory injunction from obstructing plaintiff from constructing a boundary wall on the eastern side of the plaint schedule property, obstructing the plaintiff from parking car in the plaint schedule property and also from altering the boundaries of the plaint schedule property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Abdulla Sons Private Limited Company
- Relation
- Represented by
- Party Role
- Plaintiff
- Party Name
- P.Ahammed Kutty
- Party Age
- 90
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Ibrahim Haji
- Party Age
- 85
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Aneesh
- Party Age
- 40
Plaintiffs Documents
Certificate copy of deed No.824/1999, Tax receipt dated 19.11.2024, Encumbrance certificate dated 03.02.2025
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Nikhil. T. M
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Adv. Sreenath
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Restraint on the defendant from obstructing the plaintiff and altering boundaries.
Evidence:
The defendant, his men and agents are hereby restrained by way of permanent prohibitory injunction from obstructing plaintiff from constructing a boundary wall on the eastern side of the plaint schedule property, obstructing the plaintiff from parking car in the plaint schedule property and also from altering the boundaries of the plaint schedule property.
Relief Type:
Cost
Outcome:
Granted
Description:
Defendant ordered to pay costs of the proceedings to the plaintiff.
Evidence:
The defendant shall pay costs of the proceedings to the plaintiff.
Documents & Evidence
Document Type:
Certified copy of Kanan Assignment Deed
Submitted By:
Plaintiff
Relevance:
Proved ownership of the plaintiffs over the plaint schedule property.
Reference:
Ext.A1
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Provided evidence of tax payment for the plaint schedule property.
Reference:
Ext.A2
Document Type:
Encumbrance certificate
Submitted By:
Plaintiff
Relevance:
Demonstrated the clear title of the plaint schedule property.
Reference:
Ext.A3
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Provided details regarding the boundary and property in question.
Reference:
Ext.C1
Document Type:
Commissioner’s sketch
Submitted By:
Court
Relevance:
Supplemented the commission report with a visual representation.
Reference:
Ext.C1(a)
Case Classification
Case Type
Civil Suit
Category
Injunction and Access Rights
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Unauthorized occupation
Case Code
Case between Abdulla Sons Private Limited Company et al vs Aneesh regarding permanent prohibitory injunction
Case Code Year
Case between Abdulla Sons Private Limited Company et al vs Aneesh regarding permanent prohibitory injunction