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O.S. No.453/2024

Case between B. Chandrika Devi vs Santha S. et al regarding perpetual injunction and consequential reliefs.

Court
COURT OF ADDITIONAL MUNSIFF -III
Judge
Smt. Sreelakshmi.C
Order Date
2025-02-17
Duration
approximately-1 year
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

B. Chandrika Devi, the plaintiff, seeks a perpetual injunction against Santha S. and others to prevent damage to her property. The defendants allegedly engaged in construction that affected the boundary wall of the plaintiff's residence.

Judgment Outcome

Plaintiff Won
Interim Order
The court allowed the application for a temporary injunction, restraining the defendants from damaging the plaintiff's property. The court found a prima facie case and balance of convenience in favor of the plaintiff.
Judgment Favored
Plaintiff
Relief Granted
Temporary injunction restraining defendants from causing any damage to the sunshade on the northern boundary wall of the plaint schedule property.
Case Type
Civil Suit
Final Judgment
No
The court allowed the application for a temporary injunction, restraining the defendants from damaging the plaintiff's property. The court found a prima facie case and balance of convenience in favor of the plaintiff.
Why Plaintiff Won:
The court found that the plaintiff established a prima facie case for the injunction and showed that damages to her property would result if an injunction was not granted.
Losing Side's Weaknesses:
Not available
Supporting Evidence
Thus from the above conspectus of facts, it is pointed out that petitioners have shown a prima facie case with respect to their title and possession over the plaint schedule property and the damage caused to sunshade on the northern boundary wall of the plaint schedule property. The balance of convenience is in favour of the petitioner.

Judgment Evidence:

In the result the application is allowed as follows: 1) The respondents/defendants are restrained from causing any damage to the sunshade on the northern boundary wall of the plaint schedule property and from committing any such acts so as to damage the northern boundary wall of the plaint schedule property and from committing any waste therein.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
B. Chandrika Devi
Party Age
56
Relation
W/o
Party Role
Defendant
Party Name
Santha S.
Relation
W/o
Party Role
Defendant
Party Name
Renjith R.
Relation
S/o
Party Role
Defendant
Party Name
Renjini
Relation
W/o
Plaintiffs Documents
Certified Copy of Gift deed No.4622/1994, Copy of Consent deed, Copy of building permit, Notice issued by Corporation of Thiruvananthapuram, The Intimation received from SHO, Vanchiyoor Police Station, Copy of Complaint submitted before the Commissioner of Police, Thiruvananthapuram, Complaint before Mayor, Corporation of Thiruvananthapuram.
Defendants Documents
Copy of Agreement, Copy of Permit, Copy of Proposed Plan, Copy of Notice issued by Womens Cell, Copy of complaint filed by defendant before Executive Engineer, Corporation of Thiruvananthapuram, Copy of Notice issued by Corporation of Thiruvananthapuram.

Advocates

Party Role
Plaintiff
Advocate Name
Sri. Vishnu S. Panicker
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Smt. Nandini J.
Appearance Type
Assisting Counsel
Party Role
Plaintiff
Advocate Name
Sri. Vaisakh Subodhan
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
Sri. P.G. Saiju
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Sri. S. Monilal
Appearance Type
Assisting Counsel

Reliefs

Relief Type: Injunction
Outcome: Granted
Description:
Temporary injunction restraining the defendants from causing any damage to the sunshade on the northern boundary wall of the plaint schedule property.
Evidence:
The application is allowed as follows: The respondents/defendants are restrained from causing any damage to the sunshade on the northern boundary wall of the plaint schedule property.

Documents & Evidence

Document Type: Gift Deed
Submitted By: Plaintiff
Relevance:
Certified copy of the Gift Deed from the plaintiff's mother to the plaintiff establishing ownership.
Reference:
Ext.A1
Document Type: Consent Deed
Submitted By: Plaintiff
Relevance:
Copy of the deed allowing construction and usage of the common boundary wall.
Reference:
Ext.A2
Document Type: Building Permit
Submitted By: Plaintiff
Relevance:
Copy of the permit obtained for renovation work on the plaintiff's property.
Reference:
Ext.A3
Document Type: Notice
Submitted By: Plaintiff
Relevance:
Notice issued by the Corporation regarding the property.
Reference:
Ext.A4
Document Type: Police Intimation
Submitted By: Plaintiff
Relevance:
Intimation from the police regarding the complaint made by the plaintiff.
Reference:
Ext.A5
Document Type: Complaint to Police
Submitted By: Plaintiff
Relevance:
Copy of the complaint submitted to the Commissioner of Police about the damages caused.
Reference:
Ext.A6
Document Type: Complaint to Mayor
Submitted By: Plaintiff
Relevance:
Copy of the complaint made before the Mayor addressing the issues faced by the plaintiff.
Reference:
Ext.A7
Document Type: Video Evidence
Submitted By: Plaintiff
Relevance:
Pendrive containing video capturing the damage caused to the plaintiff's property.
Reference:
Ext.A8
Document Type: Photographs
Submitted By: Plaintiff
Relevance:
Photographs showing the damages caused to the plaintiff's property.
Reference:
Ext.A9
Document Type: Commission Report
Submitted By: Court
Relevance:
Commission report outlining the state of the properties and the damages observed.
Reference:
Ext.C1
Document Type: Agreement
Submitted By: Defendant
Relevance:
Copy of the agreement related to the construction permissions granted.
Reference:
Ext.B1
Document Type: Permit
Submitted By: Defendant
Relevance:
Copy of the permit obtained for renovation work from regulatory authorities.
Reference:
Ext.B2
Document Type: Proposed Plan
Submitted By: Defendant
Relevance:
Copy of the proposed plan for construction submitted by the defendant.
Reference:
Ext.B3
Document Type: Legal Notice
Submitted By: Defendant
Relevance:
Notice issued from the Women's Cell regarding complaints made against the defendant.
Reference:
Ext.B4
Document Type: Complaint
Submitted By: Defendant
Relevance:
Copy of the complaint made by the defendant before the Executive Engineer.
Reference:
Ext.B5
Document Type: Corporation Notice
Submitted By: Defendant
Relevance:
Notice issued by the Corporation addressing the defendant.
Reference:
Ext.B6

Case Classification

Case Type
Civil Suit
Category
Other Civil Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Case Code
Case between B. Chandrika Devi vs Santha S. et al regarding perpetual injunction and consequential reliefs.
Case Code Year
Case between B. Chandrika Devi vs Santha S. et al regarding perpetual injunction and consequential reliefs.

Quick Facts

Location
Thiruvananthapuram
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Case Filed
Case Closed
From
Sat, 02/01/2025 - 12:00
To
Fri, 02/28/2025 - 12:00
Outcome Confidence
90%

Involved Entities

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