Case Summary
The plaintiff sought a perpetual injunction against the defendants to prevent interference with the possession and construction activity on the disputed property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Perpetual Injunction
Case Type
Civil Suit - Injunction
Final Judgment
No
Why Plaintiff Won:
The plaintiff provided cogent and reliable evidence to prove their case, and the defendants failed to challenge the evidence due to remaining exparte.
The plaintiff provided cogent and reliable evidence to prove their case, and the defendants failed to challenge the evidence due to remaining exparte.
Judgment Evidence:
The defendants and their men are restrained by a perpetual injunction from interfering with the possession and enjoyment of the plaint schedule property by the plaintiff or from causing any obstruction in the construction of the boundary wall on the southern side of the plaint schedule property.
Parties Involved
Plaintiffs
Changiliyott Manakkal Madhavan Namboothiri (68 years)
Melmuri amsom, desom, Tirur Taluk
Defendants
Neyyathoor Muneer (40 years)
Melmuri amsom, desom, Tirur Taluk
Ummu Habeeba (34 years)
Melmuri amsom, desom, Tirur Taluk
Neyyathoor Uneen (65 years)
Melmuri amsom, desom, Tirur Taluk
Reliefs
Relief Type:
Injunction
Outcome:
Granted
Description:
Perpetual injunction restraining defendants from interference with plaintiff's possession and construction activities
Evidence:
The defendants and their men are restrained by a perpetual injunction from interfering with the possession and enjoyment of the plaint schedule property by the plaintiff or from causing any obstruction in the construction of the boundary wall on the southern side of the plaint schedule property.
Documents & Evidence
Document Type:
Title deed
Submitted By:
Plaintiff
Relevance:
Copy of gift deed proving ownership of the plaint schedule property.
Reference:
A1
Document Type:
Commissioner Report
Submitted By:
Court
Relevance:
Report submitted by Advocate Commissioner after inspection of the plaint schedule property.
Reference:
C1
Document Type:
Sketch Plan
Submitted By:
Court
Relevance:
Sketch plan of the disputed property.
Reference:
C2