Case Summary
The plaintiffs, Chandrika, Vasantha Kumari, and Muraleedharan, are seeking a permanent prohibitory injunction against the defendants, Viajaya Kumari, Raji, and Suresh Kumar, to prevent them from obstructing their use of a well located on property they claim rights to. The case revolves around historical family partitions and the use of water sources essential for their residence.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court dismissed the suit for permanent prohibitory injunction as the plaintiffs failed to establish a prima facie case. The court found inconsistencies in the evidence provided and concluded that no equitable relief could be granted to the plaintiffs.
Key Reasoning:
The plaintiffs failed to satisfy the essential requirements for the grant of an injunction.
The plaintiffs failed to satisfy the essential requirements for the grant of an injunction.
Why Defendant Won:
The plaintiffs failed to satisfy the essential requirements for the grant of an injunction.
The plaintiffs failed to satisfy the essential requirements for the grant of an injunction.
Supporting Evidence
The plaintiffs have failed to satisfy the essential requirements for the grant of an injunction. The necessary ingredients for the grant of a permanent injunction were laid down by the Honorable Apex Court are absent in this case.
Judgment Evidence:
In the result: The suit is dismissed.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Chandrika
- Party Age
- 60
- Relation
- D/o late Retnamma
- Party Role
- Plaintiff
- Party Name
- Vasantha Kumari
- Party Age
- 57
- Relation
- D/o Late Retnamma
- Party Role
- Plaintiff
- Party Name
- Muraleedharan
- Party Age
- 63
- Relation
- H/o Vasanthakumari
- Party Role
- Defendant
- Party Name
- Viajaya Kumari
- Party Age
- 66
- Relation
- W/o Late Rajappan
- Party Role
- Defendant
- Party Name
- Raji
- Party Age
- 38
- Relation
- D/o Vijayakumari
- Party Role
- Defendant
- Party Name
- Suresh Kumar
- Party Age
- 53
- Relation
- H/o Raji
Plaintiffs Documents
Nil Certified copy of the partition Deed No. 2438/1961, Certified copy of the partition Deed No. 2862/1973, Certified Copy of Settlement Deed No. 320/1988, Original Certificate issued by the Thiruvananthapuram Co-operative Agricultural and Rural Development Bank Ltd., Tax receipt, Tax receipt
Defendants Documents
Certified Copy of Settlement Deed No. 1276/2000
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.G.Ajith Kumar
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. N. Satheesh Kumar
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt. Swapna Gopan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.A.G. Gireesh Kumar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Smt. Meera Mohan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Refused
Description:
Permanent prohibitory injunction against the defendants from committing waste and obstructing the use of the plaint 'A' schedule property.
Evidence:
The plaintiffs have failed to satisfy the essential requirements for the grant of an injunction.
Relief Type:
Other
Outcome:
Not Decided
Description:
Any other consequential reliefs sought.
Evidence:
In the result: The suit is dismissed. No costs.
Documents & Evidence
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of the partition deed dated 07/07/1961, crucial for establishing the plaintiffs' claims over the property.
Reference:
Ext.A1
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of the partition deed dated 18/10/1973, relevant for the plaintiffs' historical claims.
Reference:
Ext.A2
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of the settlement deed dated 30/01/1988, relevant for the property claims made by plaintiffs 2 and 3.
Reference:
Ext.A3
Document Type:
Certificate
Submitted By:
Plaintiff
Relevance:
Original certificate issued by the Thiruvananthapuram Co-operative Agricultural and Rural Development Bank Ltd., relevant for financial aspects.
Reference:
Ext.A4
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Tax receipt dated 25/07/2019, supporting the plaintiffs' claims.
Reference:
Ext.A5
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Tax receipt dated 25/07/2019, supporting the plaintiffs' claims.
Reference:
Ext.A6
Document Type:
Settlement Deed
Submitted By:
Defendant
Relevance:
Certified copy of the settlement deed dated 05/04/2000, relevant to the defendants' claims.
Reference:
Ext.B1
Document Type:
Commission Report and Rough Plan
Submitted By:
Court
Relevance:
Marked through PW1, it provides a plan showing the wells relevant to the dispute.
Reference:
Ext.C1
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Case Code
OS.NO.
Case Code Year
2019