Case Summary
Muhammed Rasikh.T.P is the plaintiff who is claiming ownership and possession of a property, while Abdul Razak and Sareena are the defendants accused of trespassing and attempting to construct a way through the plaintiff's property. The plaintiff seeks to restrain the defendants from such actions.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction restraining the defendants from trespassing into the plaint schedule properties.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff, granting a permanent prohibitory injunction against the defendants from trespassing onto the plaintiff's properties.
Why Plaintiff Won:
The evidence of the plaintiff remains uncontroverted, establishing his ownership and possession over the plaint schedule properties.
The evidence of the plaintiff remains uncontroverted, establishing his ownership and possession over the plaint schedule properties.
Losing Side's Weaknesses:
The evidence of the plaintiff remains uncontroverted, establishing his ownership and possession over the plaint schedule properties.
The evidence of the plaintiff remains uncontroverted, establishing his ownership and possession over the plaint schedule properties.
Supporting Evidence
The apprehension of the plaintiff is proved by the unchallenged oral testimony of the PW1. His ownership and possession over the plaint schedule properties is proved by exhibits A1 to A3.
Judgment Evidence:
In the result, the suit is decreed as follows: The defendants, their men and agents are hereby restrained by a decree of permanent prohibitory injunction from trespassing into the plaint schedule properties.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Muhammed Rasikh.T.P
- Party Age
- 41
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Abdul Razak @ Bichu
- Party Age
- 60
- Relation
- H/o
- Party Role
- Defendant
- Party Name
- Sareena
- Party Age
- 52
- Relation
- W/o
Plaintiffs Documents
Exhibit A1 is the title deed bearing No 68/2022 of SRO Meenchantha, Exhibit A2 is the land tax receipt dated 28.01.2022, Exhibit A3 is the possession certificate dated 25.04.2022.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.M.Vinod Kumar
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
The defendants are restrained from trespassing into the plaint schedule properties and forming a way to the properties of the defendants.
Evidence:
The suit is decreed as follows: The defendants, their men and agents are hereby restrained by a decree of permanent prohibitory injunction from trespassing into the plaint schedule properties.
Relief Type:
Costs
Outcome:
Granted
Description:
The defendants are directed to pay the costs of the proceedings to the plaintiff.
Evidence:
The defendants are directed to pay the costs of the proceedings to the plaintiff.
Documents & Evidence
Document Type:
Title deed
Submitted By:
Plaintiff
Relevance:
Exhibit A1 is the title deed bearing No 68/2022 of SRO Meenchantha.
Reference:
Ext.A1
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Exhibit A2 is the land tax receipt dated 28.01.2022.
Reference:
Ext.A2
Document Type:
Possession Certificate
Submitted By:
Plaintiff
Relevance:
Exhibit A3 is the possession certificate dated 25.04.2022.
Reference:
Ext.A3
Document Type:
Commission Report
Submitted By:
Court
Relevance:
The report and plan of the Advocate Commissioner is marked as exhibit C1 and C1(a), but cannot be considered in evidence.
Reference:
Ext.C1
Document Type:
Sketch
Submitted By:
Court
Relevance:
The report and plan of the Advocate Commissioner is marked as exhibit C1 and C1(a), but cannot be considered in evidence.
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
Trespass
Case Code
Case between Muhammed Rasikh.T.P vs Abdul Razak @ Bichu et al regarding permanent prohibitory injunction.
Case Code Year
Case between Muhammed Rasikh.T.P vs Abdul Razak @ Bichu et al regarding permanent prohibitory injunction.