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
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.
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
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.