Case Summary
This case involves a petition filed by the plaintiffs seeking a temporary injunction against the defendants. The plaintiffs claim that the defendants are causing disturbance to a pathway they have been using for over 120 years.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court dismissed the petition for a temporary injunction, concluding that the petitioners do not have a prima facie case and that the balance of convenience does not favor them.
Key Reasoning:
The petitioners suppressed material facts and did not establish their claim to the pathway.
The petitioners suppressed material facts and did not establish their claim to the pathway.
Why Defendant Won:
The petitioners suppressed material facts and did not establish their claim to the pathway.
The petitioners suppressed material facts and did not establish their claim to the pathway.
Supporting Evidence
The court finds force in the arguments of the learned counsel for the respondents and these aspects do not require any further discussion.
Judgment Evidence:
In the result, petition is dismissed. No order as to costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Aswathy Raj. S.
- Party Age
- 40
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Rajendran. P.S.
- Party Age
- 68
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Anilkumar. G.
- Party Age
- 47
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Akshay. A.S.
- Party Age
- 38
- Party Role
- Plaintiff
- Party Name
- Shakunthala
- Party Age
- 78
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Soudhamini
- Party Age
- 88
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Sasi
- Party Age
- 72
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Jayasree
- Party Age
- 68
- Relation
- W/o
Plaintiffs Documents
Certified copy of Sale Deed No. 1221/ 2012, Certified copy of Sale Deed No.1222/ 2012, Certified Copy of Sale Deed No. 1755/ 1984, Rough Sketch, Copy of O.P. (Caveat)
Defendants Documents
Copy of order in A.S. No. 45/ 2021 of Hon’ble Sub Court, Attingal
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. S. Jayakrishnan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Vimal Chandran. R.
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Temporary Injunction
Outcome:
Refused
Description:
Petitioners sought a temporary injunction to restrain the respondents from causing disturbance and nuisance to the beneficial enjoyment of petition C schedule pathway.
Evidence:
So point nos.1 to 3 are found against the petitioners and found in favour of the respondents.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Sale Deed No. 1221/2012 of S.R.O., Kadakkavoor, dated 14/09/2012.
Reference:
Ext.A1
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Sale Deed No. 1222/2012 of S.R.O., Kadakkavoor, dated 14/09/2012.
Reference:
Ext.A2
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified Copy of Sale Deed No. 1755/1984 of S.R.O., Kadakkavoor, dated 17/12/1984.
Reference:
Ext.A3
Document Type:
Sketch
Submitted By:
Plaintiff
Relevance:
Rough Sketch.
Reference:
Ext.A4
Document Type:
Document
Submitted By:
Plaintiff
Relevance:
Copy of O.P. (Caveat).
Reference:
Ext.A5
Document Type:
Court Order
Submitted By:
Defendant
Relevance:
Copy of order in A.S. No. 45/2021 of Hon’ble Sub Court, Attingal.
Reference:
Ext.B1
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report submitted by the Adv. Commissioner Smt. Merly. G.S., dated 01/12/2025.
Reference:
Ext.C1
Document Type:
Sketch
Submitted By:
Court
Relevance:
Rough Sketch prepared by the Adv. Commissioner Smt. Merly G.S., dated 01/12/2025.
Reference:
Ext.C1(a)
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiffs Court, Varkala
Common Reasons
Case Code
Case between Aswathy Raj. S. et al vs Soudhamini et al regarding temporary injunction
Case Code Year
Case between Aswathy Raj. S. et al vs Soudhamini et al regarding temporary injunction