Case Summary
M Sukumaran is the plaintiff seeking a perpetual prohibitory injunction against K. Ahammed and others. The case involves allegations of trespassing and obstruction concerning a property access way that the defendants are trying to interfere with.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent injunction against the defendants from trespassing or obstructing the access way.
Case Type
Civil Suit
Final Judgment
No
The court found in favor of the plaintiff, granting a permanent injunction against the defendants to prevent them from obstructing access to the property.
Why Plaintiff Won:
The plaintiff provided unchallenged evidence of attempts to interfere with the property access.
The plaintiff provided unchallenged evidence of attempts to interfere with the property access.
Losing Side's Weaknesses:
The plaintiff provided unchallenged evidence of attempts to interfere with the property access.
The plaintiff provided unchallenged evidence of attempts to interfere with the property access.
Supporting Evidence
The unchallenged evidence of the plaintiff proved that defendants are attempting to construct a compound wall obstructing the item No.3 way.
Judgment Evidence:
In the result, suit is decreed with costs as follows: - Defendants and their men are permanently restrained by a decree of perpetual prohibitory injunction from trespassing into the item No.3 in plaint schedule property, from obstructing the item No.3 way by closing it with laterite stone and from committing waste in the item No.3.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M Sukumaran
- Party Age
- 71
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- K. Ahammed
- Party Age
- 50
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Nabeesa
- Party Age
- 47
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Abdul Vahid
- Party Age
- 20
- Relation
- S/o
Plaintiffs Documents
Janmam sale deed No. 3651/2010, Land tax receipt
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. A.J. Prajeesh
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- M.K. Biju Roshan
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Defendants and their men are permanently restrained from trespassing into the item No.3 in plaint schedule property.
Evidence:
Defendants and their men are permanently restrained by a decree of perpetual prohibitory injunction from trespassing into the item No.3 in plaint schedule property, from obstructing the item No.3 way by closing it with laterite stone and from committing waste in the item No.3.
Documents & Evidence
Document Type:
Title deed
Submitted By:
Plaintiff
Relevance:
This document establishes the plaintiff's ownership of the property.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
This document supports the plaintiff's claim of property ownership.
Reference:
Ext.A2
Document Type:
Commission Report
Submitted By:
Court
Relevance:
This report provides evidence of the status and boundaries of the property in question.
Reference:
Ext.C1
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Case Code
Case between M Sukumaran vs K. Ahammed et al regarding perpetual prohibitory injunction
Case Code Year
Case between M Sukumaran vs K. Ahammed et al regarding perpetual prohibitory injunction