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ORIGINAL SUIT No.59 OF 2014

Case between Saidalikkutty et al vs Yahu et al regarding religious practice rights

Court
Court of the Munisiff of Tirur
Judge
Smt. Vincy.T.V.
Order Date
2018-01-06
Duration
4 years
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Case Summary

Plaintiffs filed suit seeking injunction against defendants to protect their peaceful possession of the property for religious activities, despite obstruction by defendants.

Judgment Outcome

Plaintiff Won
Interim Order
Plaintiffs were granted a permanent prohibitory injunction against defendants to refrain from obstructing peaceful possession of the property.
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction
Case Type
Civil Suit - Injunction
Final Judgment
No
Why Plaintiff Won:
The defendants trespassed, caused damages, and threatened the peaceful possession of the plaintiffs, establishing the need for injunctive relief.

Judgment Evidence:

The defendants are restrained by way of permanent prohibitory injunction from making any obstruction to the plaintiff's peaceful possession of the plaint schedule property or to cause any damages to the House situated in the plan schedule property.

Parties Involved

Plaintiffs

Saidalikkutty (47 years) Athavanadu amsom desom, Karipol.P.O., Tirur Taluk Muhammedali (40 years) Athavanadu amsom desom, Karipol.P.O., Tirur Taluk Sainudheen (38 years) Athavanadu amsom desom, Karipol.P.O., Tirur Taluk

Defendants

Yahu (38 years) Athavanadu amsom desom, Karipol.P.O., Tirur Taluk Saheer (30 years) Athavanadu amsom desom, Karipol.P.O., Tirur Taluk Saidalavi (65 years) Athavanadu amsom desom, Karipol.P.O., Tirur Taluk

Reliefs

Relief Type: Permanent Prohibitory Injunction
Outcome: Granted
Description:
To restrain the defendants from making any obstruction to the plaintiff's peaceful possession of the plaint schedule property or to cause any damages to the House situated in the paint schedule property.
Evidence:
The defendants are restrained by way of permanent prohibitory injunction from making any obstruction to the plaintiff's peaceful possession of the plaint schedule property or to cause any damages to the House situated in the plan schedule property.

Documents & Evidence

Document Type: Certified Copy
Submitted By: Plaintiff
Relevance:
Joint right release deed proving ownership of plaint schedule property
Reference:
A1
Document Type: Minutes
Submitted By: Defendant
Relevance:
Copy of minutes by Athavanadu Panchayath regarding the property issue
Reference:
B1
Document Type: Commission Report
Submitted By: Court
Relevance:
Commission report submitted as court exhibit
Reference:
C1

Quick Facts

Location
Tirur
Case Filed
Wed, 01/01/2014 - 12:00
Outcome Confidence
95%

Involved Entities

Communal Authorities

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