Case Summary
Plaintiff sought permanent prohibitory injunction against defendants for unlawfully setting out a way through the plaintiff's property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction
Case Type
Civil Suit - Permanent prohibitory injunction
Final Judgment
No
Why Plaintiff Won:
The plaintiff proved ownership and exclusive possession of the property since 1989, with cogent and reliable evidence.
The plaintiff proved ownership and exclusive possession of the property since 1989, with cogent and reliable evidence.
Judgment Evidence:
The suit is decreed as follows:- 1. Defendants are restrained by way of permanent prohibitory injunction from trespassing into plaint schedule property or to set out a way through the plaint schedule property or to cause any obstruction to the plaintiff's peaceful possession of the plaint schedule property. 2. Defendant shall pay cost of the suit.
Parties Involved
Plaintiffs
Kandath Valappil Nafeesa (52 years)
W/o Muhammed, Athanippadi, P.O.Puthuppalli
Defendants
Thakarapeediyekkal Muhammedali @ Bava (55 years)
Athanippadi, P.O. Puthuppalli, Tirur Taluk
Koolath Saidalavi (40 years)
Athanippadi, P.O. Puthuppalli, Tirur Taluk
Koolath Muhammed (45 years)
Athanippadi, P.O. Puthuppalli, Tirur Taluk
Palliyeri Moidu (45 years)
Athanippadi, P.O. Puthuppalli, Tirur Taluk
Palliyeri Abdulla @ Kochu (40 years)
Athanippadi, P.O. Puthuppalli, Tirur Taluk
Koolath Ummer (38 years)
Athanippadi, P.O. Puthuppalli, Tirur Taluk
Palliyelil Suharabi (40 years)
Athanippadi, P.O. Puthuppalli, Tirur Taluk
Palliyeri Kunhanbava (55 years)
Athanippadi, P.O. Puthuppalli, Tirur Taluk
Reliefs
Relief Type:
Permanent Prohibitory Injunction
Outcome:
Granted
Description:
Restraining defendants from trespassing into plaintiff's property or causing obstruction.
Evidence:
Ext.A1 to A6 were marked. Ext.A1 is the certified copy of partition deed dated 12-4-1989, Ext.A2 is the tax receipt dated 2-11-2010, Ext.A3 is the tax receipt dated 6-1-2013, Ext.A4 is the tax receipt dated 11-02-2013, Ext.A5 is the Location map dated 4-3-2013, Ext.A6 is the copy of complaints given to Tirur Police dated 4-3-2013.
Documents & Evidence
Document Type:
Certified Copy of Partition Deed
Submitted By:
Plaintiff
Relevance:
Proved ownership and exclusive possession of the property since 1989.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Supporting evidence of possession and ownership.
Reference:
Ext.A2
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Further evidence of possession and ownership.
Reference:
Ext.A3
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Continued support for possession and ownership.
Reference:
Ext.A4
Document Type:
Location Map
Submitted By:
Plaintiff
Relevance:
Provided visual representation of the property.
Reference:
Ext.A5
Document Type:
Complaints copy to Tirur Police
Submitted By:
Plaintiff
Relevance:
Documentation of complaints against encroachment.
Reference:
Ext.A6