Case Summary
Shajimath filed a suit against Jabir, Rashid, and Assain seeking a permanent prohibitory injunction. The dispute involves the defendants allegedly trespassing and threatening to demolish a pillar at the plaintiff's property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants and their men are restrained from trespassing into the plaint schedule property and obstructing the peaceful possession of the plaintiff.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit, restraining the defendants from trespassing and widening the pathway on the plaintiff's property.
Why Plaintiff Won:
The unchallenged evidence of the plaintiff proved her apprehension regarding the defendants' actions.
The unchallenged evidence of the plaintiff proved her apprehension regarding the defendants' actions.
Losing Side's Weaknesses:
The unchallenged evidence of the plaintiff proved her apprehension regarding the defendants' actions.
The unchallenged evidence of the plaintiff proved her apprehension regarding the defendants' actions.
Supporting Evidence
The unchallenged evidence of PW1 and documents produced would show that plaintiff had proved their apprehension. Hence it is necessary to pass an order of injunction to restrain the high-handed acts of defendants.
Judgment Evidence:
In the result, suit is decreed with costs as follows: Defendants and their men are restrained by way of permanent prohibitory injunction from trespassing into the plaint schedule property, widening the pathway on the western side by demolishing compound wall, gate and pillar of the plaint schedule property, obstructing the peaceful possession of the plaintiff in the plaint schedule property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Shajimath
- Party Age
- 46
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Jabir
- Party Age
- 30
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Rashid
- Party Age
- 33
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Assain
- Party Age
- 67
- Relation
- S/o
Plaintiffs Documents
Copy of Janmam Assignment deed No.1940/2010, Copy of Janmam Assignment Deed No. 2052/1972, Copy of Land Tax Receipt, Copy of Agreement executed by Shoukkathali and others, Copy of First Informantion Report registered by Kunnamangalam Police Station.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. T.T.Sreekanth
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Defendants are restrained from trespassing, widening the pathway, and obstructing peaceful possession.
Evidence:
In the result, suit is decreed with costs as follows: - Defendants and their men are restrained by way of permanent prohibitory injunction from (1) trespassing into the plaint schedule property, (2) widening the pathway on the western side by demolishing compound wall, gate and pillar of the plaint schedule property, (3) obstructing the peaceful possession of the plaintiff in the plaint schedule property.
Documents & Evidence
Document Type:
Janmam Assignment Deed
Submitted By:
Plaintiff
Relevance:
Proves the ownership of the plaint schedule property by the plaintiff.
Reference:
Ext.A1
Document Type:
Janmam Assignment Deed
Submitted By:
Plaintiff
Relevance:
Supports the claim regarding the ownership history of the property.
Reference:
Ext.A2
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Establishes the plaintiff's claims of possession of the property.
Reference:
Ext.A3
Document Type:
Agreement
Submitted By:
Plaintiff
Relevance:
Details the enhancement of the pathway's width, relevant to the case.
Reference:
Ext.A4
Document Type:
First Information Report
Submitted By:
Plaintiff
Relevance:
Documents the plaintiff's complaint regarding the trespass.
Reference:
Ext.A5
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Related to the court's review of the property situation.
Reference:
Ext.C1
Document Type:
Sketch
Submitted By:
Court
Relevance:
Visual evidence to support the claims regarding the property.
Reference:
Ext.C2
Case Classification
Case Type
Civil Suit
Category
Injunction and Access Rights
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Case Code
Case between Shajimath vs Jabir et al regarding permanent prohibitory injunction
Case Code Year
Case between Shajimath vs Jabir et al regarding permanent prohibitory injunction