Case Summary
Plaintiffs sought permanent injunction against defendants for removing plantations from the plaint schedule property and interfering with peaceful possession.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Perpetual Injunction
Case Type
Civil Suit - Perpetual Injunction
Final Judgment
No
Why Plaintiff Won:
Plaintiffs provided cogent and reliable evidence including Ext.A1, Ext.C1, C2, C3, and C4 to prove their exclusive possession and entitlement to relief.
Plaintiffs provided cogent and reliable evidence including Ext.A1, Ext.C1, C2, C3, and C4 to prove their exclusive possession and entitlement to relief.
Judgment Evidence:
The suit is decreed as follows: The defendants and their men are restrained by a perpetual injunction from trespassing into the plaint schedule or from interfering with the possession and enjoyment of the plaint schedule property by the plaintiffs or from committing waste in the plaint schedule property.
Parties Involved
Plaintiffs
Avarukunnan Abid (35 years)
Melmuri amsom, Karakkad desom, Tirur Taluk
Kunduvayil Sameera (29 years)
Melmuri amsom, Karakkad desom, Tirur Taluk
Defendants
Naduthodi Aboobakkar (45 years)
Melmuri amsom, Karakkad desom, Tirur Taluk
Naduthodi Amina (76 years)
Melmuri amsom, Karakkad desom, Tirur Taluk
Safiya (35 years)
Melmuri amsom, Karakkad desom, Tirur Taluk
Muhammadali Nellikkal (36 years)
Melmuri amsom, Karakkad desom, Tirur Taluk
Reliefs
Relief Type:
Perpetual Injunction
Outcome:
Granted
Description:
Restraining defendants from trespassing, interfering, or committing waste on the plaint schedule property.
Evidence:
The suit is decreed as follows: The defendants and their men are restrained by a perpetual injunction from trespassing into the plaint schedule or from interfering with the possession and enjoyment of the plaint schedule property by the plaintiffs or from committing waste in the plaint schedule property.
Relief Type:
Costs
Outcome:
Not Decided
Description:
Defendants to pay the costs of the suit.
Evidence:
Documents & Evidence
Document Type:
Certified Copy
Submitted By:
Plaintiff
Relevance:
Jenam Assignment Deed
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Proof of tax payment
Reference:
A3
Document Type:
Commissioner Report
Submitted By:
Court
Relevance:
Report showing visible signs of alleged activities
Reference:
C1
Document Type:
Plan
Submitted By:
Court
Relevance:
Court exhibit plan of the property
Reference:
C2
Document Type:
Commissioner Report
Submitted By:
Court
Relevance:
Report validating identity of plaint schedule property
Reference:
C3
Document Type:
Plan
Submitted By:
Court
Relevance:
Plan showing identification of the property
Reference:
C4