O.S. No. 538/2025

Case between Antony K.A et al vs Xaviour M.R et al regarding temporary injunction

Court

THE COURT OF MUNSIFF, ERNAKULAM

Judge

Sri. Nanda Krishan M

Order Date

2025-09-22

Duration

Case Closed

Judgement document from eCourt website

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Case Summary

The plaintiffs, Antony K.A and others, are seeking a temporary injunction against the defendants, Xaviour M.R and others, to prevent them from constructing drainage through the plaintiffs' property. The plaintiffs allege that the defendants are attempting to encroach upon pathways they have rights over.

Judgment Outcome

Plaintiff Won

Interim Order

The court allowed the plaintiffs' petition for a temporary injunction against the defendants, preventing them from constructing drainage over the pathways claimed by the plaintiffs.

Judgment Favored

Plaintiff

Relief Granted

Temporary injunction granted.

Case Type

Civil Suit

Final Judgment

The court allowed the plaintiffs' petition for a temporary injunction against the defendants, preventing them from constructing drainage over the pathways claimed by the plaintiffs.

Why Plaintiff Won:
The petitioners established a prima facie case and demonstrated that they would suffer irreparable harm without the injunction.

Losing Side's Weaknesses:
The petitioners established a prima facie case and demonstrated that they would suffer irreparable harm without the injunction.

Supporting Evidence

From the materials on record, it is satisfied that the petitioners have made out a prima facie case in their favour since what they are seeking to restrain is an act of trespass and making construction in the property owned by them.

Judgment Evidence:

Hence, the point is found in favour of the petitioners. The petition is allowed.

Parties Involved

Parties

Party Role: Plaintiff
Party Name: Antony K.A
Party Age: 60
Relation: S/o

Party Role: Plaintiff
Party Name: Sheela George
Party Age: 58
Relation: W/o

Party Role: Plaintiff
Party Name: Margrate
Party Age: 51
Relation: W/o

Party Role: Plaintiff
Party Name: Allesh
Party Age: 90
Relation: S/o

Party Role: Plaintiff
Party Name: Victoria
Party Age: 80
Relation: W/o

Party Role: Defendant
Party Name: Xaviour M.R
Party Age: 64
Relation: S/o

Party Role: Defendant
Party Name: Joseph M.R
Party Age: 57
Relation: S/o

Party Role: Defendant
Party Name: Benny
Party Age: 60
Relation: S/o

Party Role: Defendant
Party Name: Joseph Shaji
Party Age: 58
Relation: S/o

Party Role: Defendant
Party Name: Antony
Party Age: 90
Relation: S/o

Plaintiffs Documents

Copy of document no. 1179/84 of SRO Ernakulam, Copy of document no. 1537/98 of SRO Ernakulam, Copy of document no. 229/23 of SRO Ernakulam, Copy of document no. 4392/15 of SRO Ernakulam, Copy of document no. 926/79 of SRO Ernakulam.

Defendants Documents

Copy of Judgment in OS 1674/92 passed by the 2nd Additional Munsiff Court, Ernakulam, Copy of the Decree in OS 1674/92 passed by the 2nd Additional Munsiff Court, Ernakulam.

Advocates

Party Role: Plaintiff
Advocate Name: P.M.Joshi
Appearance Type: Main Counsel

Party Role: Plaintiff
Advocate Name: Bonny Baby
Appearance Type: Main Counsel

Party Role: Plaintiff
Advocate Name: Siji K Paul
Appearance Type: Main Counsel

Party Role: Plaintiff
Advocate Name: Sruthi Sunilkumar
Appearance Type: Main Counsel

Party Role: Plaintiff
Advocate Name: C.Gokul Krishnan
Appearance Type: Main Counsel

Party Role: Defendant
Advocate Name: Philip T Varghese
Appearance Type: Main Counsel

Party Role: Defendant
Advocate Name: Thomas T Varghese
Appearance Type: Main Counsel

Party Role: Defendant
Advocate Name: Achu Subha Abraham
Appearance Type: Main Counsel

Party Role: Defendant
Advocate Name: Amala Purushothaman
Appearance Type: Main Counsel

Party Role: Defendant
Advocate Name: Kallyani G Menon
Appearance Type: Main Counsel

Party Role: Defendant
Advocate Name: Urmila M.G
Appearance Type: Main Counsel

Party Role: Defendant
Advocate Name: Rineesha Rajkumar
Appearance Type: Main Counsel

Party Role: Defendant
Advocate Name: Ashique Nazar
Appearance Type: Main Counsel

Party Role: Defendant
Advocate Name: Angel Rose
Appearance Type: Main Counsel

Party Role: Defendant
Advocate Name: Yaamin A Mohamed
Appearance Type: Main Counsel

Party Role: Defendant
Advocate Name: Vivek M.N
Appearance Type: Main Counsel

Party Role: Defendant
Advocate Name: Jayalakshmi Dileep
Appearance Type: Main Counsel

Party Role: Defendant
Advocate Name: Neha Susan Thomas
Appearance Type: Main Counsel

Party Role: Defendant
Advocate Name: Swaminathan Anjooran
Appearance Type: Main Counsel

Party Role: Defendant
Advocate Name: Mehula Liza Pallathu
Appearance Type: Main Counsel

Party Role: Defendant
Advocate Name: T.K.Ajith Kumar
Appearance Type: Main Counsel

Reliefs

Relief Type: Injunction

Outcome: Granted

Description:

Temporary injunction restraining the respondents from constructing drainage through plaint D to G schedule

Evidence:

Hence the point is found in favour of the petitioners. The petition is allowed.

Documents & Evidence

Document Type: Document

Submitted By: Plaintiff

Relevance:

Copy of document no. 1179/84 of SRO Ernakulam

Reference:

Ext.A1

Document Type: Document

Submitted By: Plaintiff

Relevance:

Copy of document no. 1537/98 of SRO Ernakulam

Reference:

Ext.A2

Document Type: Document

Submitted By: Plaintiff

Relevance:

Copy of document no. 229/23 of SRO Ernakulam

Reference:

Ext.A3

Document Type: Document

Submitted By: Plaintiff

Relevance:

Copy of document no. 4392/15 of SRO Ernakulam

Reference:

Ext.A4

Document Type: Document

Submitted By: Plaintiff

Relevance:

Copy of document no. 126/17 of SRO Ernakulam

Reference:

Ext.A5

Document Type: Document

Submitted By: Plaintiff

Relevance:

Copy of document no. 926/79 of SRO Ernakulam

Reference:

Ext.A6

Document Type: Tax receipt

Submitted By: Plaintiff

Relevance:

Copy of land tax receipt bearing Tandapper no. 9543 issued by Mulavukad Village Office

Reference:

Ext.A7

Document Type: Tax receipt

Submitted By: Plaintiff

Relevance:

Copy of land tax receipt bearing Tandapper no. 6727 issued by Mulavukad Village Office

Reference:

Ext.A8

Document Type: Tax receipt

Submitted By: Plaintiff

Relevance:

Copy of land tax receipt bearing Tandapper no. 7713 issued by Mulavukad Village Office

Reference:

Ext.A9

Document Type: Judgment

Submitted By: Defendant

Relevance:

Copy of Judgment in OS 1674/92 passed by the 2nd Additional Munsiff Court, Ernakulam

Reference:

Ext.B1

Document Type: Decree

Submitted By: Defendant

Relevance:

Copy of the Decree in OS 1674/92 passed by the 2nd Additional Munsiff Court, Ernakulam

Reference:

Ext.B2

Document Type: Commission Report

Submitted By: Court

Relevance:

Commission Report filed by Adv.Najeena P.N, in IA 3/25 in OS 538/25

Reference:

Ext.C1

Case Classification

Case Type

Civil Suit

Case between Antony K.A et al vs Xaviour M.R et al regarding temporary injunction

Judgement document from eCourt website

Case Summary

Judgment Outcome

Judgment Evidence:

Parties Involved

Parties

Advocates

Reliefs

Documents & Evidence

Case Classification

Quick Facts

Involved Entities

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