Case Summary
The plaintiffs, led by Irumbanandiyil Aboobacker Haji, allege that the defendants trespassed on their property and caused damage. The case seeks a permanent injunction against the defendants to prevent further interference with the plaintiffs' possession.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction and mandatory injunction to restore the property
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiffs, granting both a permanent injunction against the defendants and a mandatory order to restore the damaged property.
Why Plaintiff Won:
The plaintiffs established their case by showing evidence of trespass and damage.
The plaintiffs established their case by showing evidence of trespass and damage.
Losing Side's Weaknesses:
The plaintiffs established their case by showing evidence of trespass and damage.
The plaintiffs established their case by showing evidence of trespass and damage.
Supporting Evidence
The plaintiffs established a case in their favour. Since, the defendants are proceeded exparte, the case of the plaintiffs stands unchallenged and undisputed.
Judgment Evidence:
In the result, the suit is decreed with costs. The defendants their men, agents and workers are restrained by a decree of permanent prohibitory injunction from trespassing into the plaint schedule property, effecting alterations and wastage in plaint schedule property and also from doing any act that which endangers the peaceful possession of the plaint schedule property by the plaintiffs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Irumbanandiyil Aboobacker Haji
- Party Age
- 60
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Irumbanadiyil Jameela
- Party Age
- 52
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Irumbanandiyil Naseera
- Party Age
- 29
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Haris
- Party Age
- 40
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Asya
- Party Age
- 59
- Relation
- W/o
Plaintiffs Documents
Janmam Assignment Deed No. 1448/18, Janmam Assignment Deed No. 1449/18, Janmam Assignment Deed No. 1450/18, Basic Tax Receipt, Commission Report and Surveyor Plan
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. P. Balagopalan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt. Mini. K. Koyeri
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. P. Arunkumar
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Restraining the defendants from trespassing into the plaint schedule property.
Evidence:
The defendants their men, agents and workers are restrained by a decree of permanent prohibitory injunction from trespassing into the plaint schedule property, effecting alterations and wastage in plaint schedule property and also from doing any act that which endangers the peaceful possession of the plaint schedule property by the plaintiffs.
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
Directing the defendants to restore the destroyed stone revetment.
Evidence:
A mandatory injunction is passed directing the defendants to restore the stone revetment which is of one meter in width and 4 meter in length situated on the northern portion of the plaint schedule property which has been destroyed in part by the defendants.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiffs are entitled to costs of the suit.
Evidence:
The plaintiffs are entitled to get the costs of the suit.
Documents & Evidence
Document Type:
Janmam Assignment Deed
Submitted By:
Plaintiff
Relevance:
This document establishes the plaintiffs' ownership of the plaint schedule property.
Reference:
Ext.A1
Document Type:
Janmam Assignment Deed
Submitted By:
Plaintiff
Relevance:
This document establishes the plaintiffs' ownership of the plaint schedule property.
Reference:
Ext.A2
Document Type:
Janmam Assignment Deed
Submitted By:
Plaintiff
Relevance:
This document establishes the plaintiffs' ownership of the plaint schedule property.
Reference:
Ext.A3
Document Type:
Janmam Assignment Deed
Submitted By:
Plaintiff
Relevance:
This document establishes the plaintiffs' ownership of the plaint schedule property.
Reference:
Ext.A4
Document Type:
Basic Tax Receipt
Submitted By:
Plaintiff
Relevance:
This document shows the plaintiffs are paying tax on the plaint schedule property.
Reference:
Ext.A5
Document Type:
Commission Report
Submitted By:
Court
Relevance:
This document provides findings relevant to the status of the plaint schedule property.
Reference:
Ext.C1
Document Type:
Plan
Submitted By:
Court
Relevance:
This document illustrates the layout of the plaint schedule property.
Reference:
Ext.C2
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court, Nadapuram
Common Reasons
Case Code
Case between Irumbanandiyil Aboobacker Haji et al vs Haris et al regarding permanent prohibitory and mandatory injunction
Case Code Year
Case between Irumbanandiyil Aboobacker Haji et al vs Haris et al regarding permanent prohibitory and mandatory injunction