Case Summary
The plaintiffs seek a permanent prohibitory injunction against the defendants to prevent them from creating any charge or alienating property allotted to the plaintiffs per a final decree. The case involves disputes arising from a partition suit.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction against the defendants from creating any charge over the property.
Case Type
Civil Suit
Final Judgment
No
The suit was decreed in favor of the plaintiffs, restraining the defendants from creating any charge over the plaint schedule property and ordering them to pay the costs of the suit.
Why Plaintiff Won:
Plaintiffs sufficiently proved their entitlement to the property and the necessity of an injunction.
Plaintiffs sufficiently proved their entitlement to the property and the necessity of an injunction.
Losing Side's Weaknesses:
Plaintiffs sufficiently proved their entitlement to the property and the necessity of an injunction.
Plaintiffs sufficiently proved their entitlement to the property and the necessity of an injunction.
Supporting Evidence
The plaintiffs have dislodged their burden which was shifted to the defendant side.
Judgment Evidence:
In the result, the suit is decreed as follows: 1.That the defendants and their men are hereby restrained by a permanent prohibitory injunction from creating any charge over the plaint schedule property and from illegally alienating the said property to 3rd parties.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Saifudheen Ibrahim Office Vala
- Party Age
- 74
- Relation
- S/o. Late.Ibrahim Davood
- Party Role
- Plaintiff
- Party Name
- Davood Ibrahim Office Wala
- Party Age
- 74
- Relation
- S/o. Late.Ibrahim Davood
- Party Role
- Plaintiff
- Party Name
- Saleem Ibrahim Office Wala
- Party Age
- 68
- Relation
- S/o. Late.Ibrahim Davood
- Party Role
- Plaintiff
- Party Name
- Rasheeda Akbar
- Party Age
- 66
- Relation
- D/o. Late.Ibrahim Davood
- Party Role
- Plaintiff
- Party Name
- Idris Akbarli
- Relation
- S/o. Late. Rasheeda Akbar
- Party Role
- Defendant
- Party Name
- K.S.Madhusoodanan
- Party Age
- 53
- Relation
- S/o.. Shanmughan Chettiyar
- Party Role
- Defendant
- Party Name
- Brother K.S.Sudhrshan
- Party Age
- 45
- Relation
- S/o.. Shanmughan Chettiyar
- Party Role
- Defendant
- Party Name
- Sister K.S.Sathyavathi
- Party Age
- 51
- Relation
- D/o.. Shanmughan Chettiyar
- Party Role
- Defendant
- Party Name
- K.S.Valsala Kumari
- Party Age
- 48
- Relation
- D/o.. Shanmughan Chettiyar
- Party Role
- Defendant
- Party Name
- K.S.Vasanthakumari
- Party Age
- 41
- Relation
- D/o.. Shanmughan Chettiyar
Plaintiffs Documents
Power of attorney executed by various plaintiffs in favor of Safdar Hussain, certified copies of decrees and judgments in related cases.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. C.Ullas
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.Manoj
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.Razal Rahiman
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Jyothi.R
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.D.Arun
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.Vinod Singh Cheriyan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.T.M.Khalid
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Smt.Saranya.O
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.Shynu.H
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Smt.Seema Varghese
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.Dheeraj.P.P
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Smt.Namaza.A.P
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Restraining the defendants and their men from creating any charge over the plaint schedule property and from illegally alienating the said property to 3rd parties.
Evidence:
The plaintiffs are entitled for a permanent prohibitory injunction against the defendants as prayed for.
Relief Type:
Other
Outcome:
Granted
Description:
Costs of the suit to be paid by the defendants to the plaintiff.
Evidence:
The defendants shall pay the costs of the suit to the plaintiff.
Documents & Evidence
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
Executed by Slim Ibrahim Office Wala in favour of Safdar Hussain.
Reference:
Ext.A1
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
Executed by Saifuddin Ibrahim Office Wala in favour of Safdar Hussain.
Reference:
Ext.A2
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
Executed by Rashida Akbar, Electric wala in favour of Safdar Hussain.
Reference:
Ext.A3
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
Executed by Dawood Ibrahim, Office wala in favour of Safdar Hussain.
Reference:
Ext.A4
Document Type:
Certified copy of Final decree
Submitted By:
Plaintiff
Relevance:
In FDIA 1346/2008 in OS 65/1994 of Sub Court, Kozhikode.
Reference:
Ext.A5
Document Type:
Certified copy of Commission report with plan
Submitted By:
Plaintiff
Relevance:
In FDIA 1346/2008 in OS 65/94 filed before 2nd Addl. Sub Court, Kozhikode.
Reference:
Ext.A6
Document Type:
Certified copy of Decree and judgment
Submitted By:
Plaintiff
Relevance:
In OS 65/94 of 2nd Addl. Sub Court, Kozhikode.
Reference:
Ext.A7
Document Type:
Certified copy of Decree and judgment
Submitted By:
Plaintiff
Relevance:
In AS 25/04 and Cross Appeal in AS 25/04 of 1st Addl. District Court, Kozhikode.
Reference:
Ext.A8
Document Type:
Certified Copy of Judgment
Submitted By:
Plaintiff
Relevance:
In RSA 51/06 in AS 25/24 of Hon’ble High Court of Kerala.
Reference:
Ext.A9
Document Type:
Certified copy of Petition
Submitted By:
Plaintiff
Relevance:
In FDA 1346/08 in OS 65/94 of 2nd Additional Sub Court, Kozhikode.
Reference:
Ext.A10
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
Executed by Fareeda Taher, Office wala in favour of Safdar Hussain.
Reference:
Ext.A11
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
Executed by Mehra Murthusa Ali Gadiyali in favour of Safdar Hussain.
Reference:
Ext.A12
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
Executed by Fakhruddin Taiybali Attarwala in favour of Safdar Hussain.
Reference:
Ext.A13
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
Executed by Ibrahim Tahir Office wala in favour of Safdar Hussain.
Reference:
Ext.A14
Document Type:
Certified copy of Final decree
Submitted By:
Plaintiff
Relevance:
In FDIA 1340/08 in OS 65/94 of 2nd Addl. Sub Court, Kozhikode.
Reference:
Ext.A15
Document Type:
Certified copy of Jenmam assignment deed
Submitted By:
Plaintiff
Relevance:
Executed by Sudharsan in favour of Abdul Salam.
Reference:
Ext.A16
Document Type:
Certified Copy of Judgment
Submitted By:
Plaintiff
Relevance:
In OP(c) No.276/2015 in FDIA 1346/2008 in OS 65/94 of the Hon’ble High Court of Kerala.
Reference:
Ext.A17
Document Type:
Certified copy of Order
Submitted By:
Plaintiff
Relevance:
In IA 750/17 in FDIA 1346/2008 in OS 65/94 of II nd Addl. Sub Court, Kozhikode.
Reference:
Ext.A18
Document Type:
Certified copy of Petition
Submitted By:
Plaintiff
Relevance:
In IA 1/21 in FDIA 1346/08 in OS 65/94 of II nd Addl. Sub Court, Kozhikode.
Reference:
Ext.A19
Document Type:
Certified copy of Petition
Submitted By:
Plaintiff
Relevance:
In IA 2/21 in FDIA 1346/08 in OS 65/94 of II nd Addl. Sub Court, Kozhikode.
Reference:
Ext.A19(a)
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
Executed by Idris Akbarali, Electric wala in favour of Safdar Hussain.
Reference:
Ext.A20
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
Executed by Farida Firoz Kanchwa Wala, in favour of Safdar Hussain.
Reference:
Ext.A21
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
Executed by Nafisa Shabbir Champa in favour of Safdar Hussain.
Reference:
Ext.A22
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 1 Kozhikode
Common Reasons
Unauthorized occupation
Case Code
Case between Saifudheen Ibrahim et al vs K.S.Madhusoodanan et al regarding permanent prohibitory injunction
Case Code Year
Case between Saifudheen Ibrahim et al vs K.S.Madhusoodanan et al regarding permanent prohibitory injunction