Case Summary
Plaintiff filed suit against defendants seeking perpetual injunction to prevent encroachment and interference with his property possession and enjoyment.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Perpetual Injunction
Case Type
Civil Suit - Perpetual Injunction
Final Judgment
No
Why Plaintiff Won:
The plaintiff provided cogent and reliable evidence proving ownership and possession of the property, supported by Commissioner's report and testimony.
The plaintiff provided cogent and reliable evidence proving ownership and possession of the property, supported by Commissioner's report and testimony.
Judgment Evidence:
The plaintiff adduced cogent and reliable evidence to prove his case. Hence the plaintiff is entitled to get a decree as prayed for.
Parties Involved
Plaintiffs
Palakkunnath Saidali (57 years)
Thrinnavaya amsom, Desom, & Post, Tirur Taluk, Pin: 676 301
Defendants
Kodakkadu Abdul Majeed (50 years)
Thirunnavaya amsom, desom & Post, Tirur Taluk, Pin: 676 301
Kodakkad Faisal (30 years)
Thirunnavaya amsom, desom & Post, Tirur Taluk, Pin: 676 301
Thekkepurath Shareef @ Muthu (30 years)
Thirunnavaya amsom, desom & Post, Tirur Taluk, Pin: 676 301
Alungai Parambil Sanup @ Kuttan (27 years)
Thirunnavaya amsom, desom & Post, Tirur Taluk, Pin: 676 301
Reliefs
Relief Type:
Perpetual Injunction
Outcome:
Granted
Description:
To restrain defendants from trespassing or interfering with the property
Evidence:
The defendants and their men are restrained by a perpetual injunction from trespassing into the plaint schedule property or demolishing the compound wall on the northern boundary of the plaint schedule property or interfering with the possession and enjoyment of the plaint schedule property by the plaintiff.
Documents & Evidence
Document Type:
Jenm Assignment Deed
Submitted By:
Plaintiff
Relevance:
Proves ownership and possession of plaintiff's property.
Reference:
A1 - 02-07-1990 : Jenm Assignment Deed. No. 1480/1990
Document Type:
Report
Submitted By:
Court
Relevance:
Commissioner's report confirms presence of compound walls on property boundaries.
Reference:
C1 - 19-9-2015 : Commissioner Report
Document Type:
Sketch
Submitted By:
Court
Relevance:
Sketch submitted by Advocate Commissioner after inspection of the property.
Reference:
C2 - 19-9-2015 : Plan