Case Summary
Nisa Salim, through her power of attorney, is seeking a permanent prohibitory injunction against defendants Shinoj Abraham and Danny Shinoj, claiming obstruction to her property access. The case revolves around the possession and rights to specified properties in Pattom village.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court directed both parties to maintain status quo regarding the disputed properties as per the commission report until the suit is finally disposed of.
Why Plaintiff Won:
The court found that it was necessary to maintain the status quo to ensure justice and preservation of the property involved in the case.
The court found that it was necessary to maintain the status quo to ensure justice and preservation of the property involved in the case.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
Considering the nature of dispute and the documents produced, I am of the opinion that it is necessary in the interest of justice to pass a status quo as per Ext.C1 report in the interest of justice and to ensure preservation of the plaint schedule property.
Judgment Evidence:
In the result this application is disposed by directing the parties to maintain status quo as per Ext.C1 report till the final disposal of the suit.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Nisa Salim
- Party Age
- 51
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Mathew Varghese
- Party Age
- 54
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Shinoj Abraham
- Party Age
- 52
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Danny Shinoj
- Party Age
- 20
- Relation
- S/o
Plaintiffs Documents
Certified Copy of Sale deed No.2240/24, Tax receipt, Original Power of Attorney
Defendants Documents
Original Partition deed No. 2245/2003, The Plan issued by Village Office, Pattom, Tax Receipt, Order of Tahasildar, Thiruvananthapuram, Copy of Possession Certificate
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.Kamaleswaram.S.Manikantan Nair
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri.Vaishakh.M.S
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.S.Dharmapalan Nair
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Smt.Parvathy.J.Nair
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Raju George
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Refused
Description:
The petitioner's request for a permanent prohibitory injunction to restrain the defendants from interfering with possession.
Evidence:
The petitioner apprehends that defendants might interfere with the right of petitioner over plaint A and C schedule properties.
Relief Type:
Temporary Injunction
Outcome:
Granted
Description:
The petitioner sought temporary injunction to maintain status quo regarding the properties.
Evidence:
Considering the nature of dispute and the documents produced, I am of the opinion that it is necessary in the interest of justice to pass a status quo as per Ext.C1 report.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Sale deed No.2240/2024, establishing the petitioner's claim to the property.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Tax receipt pertaining to plaint A schedule property, supporting the petitioner's ownership claim.
Reference:
Ext.A2
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
Original Power of Attorney, indicating the authority of the petitioner to act on behalf of the original plaintiff.
Reference:
Ext.A3
Document Type:
Partition Deed
Submitted By:
Defendant
Relevance:
Original partition deed No.2245/2003, outlining the distribution of property rights among the defendants.
Reference:
Ext.B1
Document Type:
Plan
Submitted By:
Defendant
Relevance:
The plan issued by the Village Office, Pattom, relevant to the property disputes.
Reference:
Ext.B2
Document Type:
Tax receipt
Submitted By:
Defendant
Relevance:
Tax receipt supporting the defendants' claims regarding property ownership.
Reference:
Ext.B3
Document Type:
Order
Submitted By:
Defendant
Relevance:
Order of Tahasildar, Thiruvananthapuram, relevant to the claims made by the parties.
Reference:
Ext.B4
Document Type:
Possession Certificate
Submitted By:
Defendant
Relevance:
Copy of Possession Certificate establishing the defendant's claim to the property.
Reference:
Ext.B5
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report detailing the status of the properties in dispute and their access pathways.
Reference:
Ext.C1
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Case Code
Case between Nisa Salim vs Shinoj Abraham et al regarding permanent prohibitory injunction
Case Code Year
Case between Nisa Salim vs Shinoj Abraham et al regarding permanent prohibitory injunction