O.S. No. 839/2023

Case between Ebin K. John et al vs Sheela Babu et al regarding temporary injunction

Court

THE COURT OF THE THIRD ADDL. MUNSIFF & RENT CONTROLLER

Judge

SMT. REEJA R. NAIR.

Order Date

2025-03-27

Duration

Case Closed

Judgement document from eCourt website

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Case Summary

The plaintiffs, Ebin K. John and Sony K. John, filed for a temporary injunction against the defendants, claiming rights over certain properties originally belonging to their grandfather. The defendants contest the plaintiffs' claims and assert that the properties belong to them.

Judgment Outcome

Defendant Won

Interim Order

The court denied the plaintiffs' request for a temporary injunction to prevent the defendants from encroaching on the properties. The plaintiffs were unable to establish a prima facie case.

Judgment Favored

Defendant

Relief Granted

Case Type

Civil Suit

Final Judgment

The court denied the plaintiffs' request for a temporary injunction to prevent the defendants from encroaching on the properties. The plaintiffs were unable to establish a prima facie case.

Key Reasoning:
The court found that the plaintiffs failed to demonstrate a prima facie case for the injunction and that no ownership rights were sufficiently established.

Why Defendant Won:
The court found that the plaintiffs failed to demonstrate a prima facie case for the injunction and that no ownership rights were sufficiently established.

Supporting Evidence

The plaintiffs have pleaded in their averments that the grandfather and grandmother had demanded them to vacate from plaint B and C schedule properties.

Judgment Evidence:

In the result, the petition is dismissed.

Parties Involved

Parties

Party Role: Plaintiff
Party Name: Ebin K. John
Party Age: 28
Relation: S/o

Party Role: Plaintiff
Party Name: Sony K. John
Party Age: 35
Relation: W/o

Party Role: Defendant
Party Name: Sheela Babu
Party Age: 53
Relation: W/o

Party Role: Defendant
Party Name: Babu M.K.
Party Age: 56

Party Role: Defendant
Party Name: Beena Mathews
Party Age: 49
Relation: W/o

Party Role: Defendant
Party Name: K.C. Mathew
Party Age: 54

Plaintiffs Documents

Defendants Documents

Advocates

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

Party Role: Plaintiff
Advocate Name: Santhi John
Appearance Type: Main Counsel

Party Role: Plaintiff
Advocate Name: Bepin Paul
Appearance Type: Main Counsel

Party Role: Plaintiff
Advocate Name: Sandhya S
Appearance Type: Main Counsel

Party Role: Plaintiff
Advocate Name: Shalu Varghese
Appearance Type: Main Counsel

Party Role: Plaintiff
Advocate Name: Antony Tharian
Appearance Type: Main Counsel

Party Role: Plaintiff
Advocate Name: Rajesh Kottakkal
Appearance Type: Main Counsel

Party Role: Plaintiff
Advocate Name: Varghese Varghese
Appearance Type: Main Counsel

Party Role: Defendant
Advocate Name: Reji George
Appearance Type: Main Counsel

Party Role: Defendant
Advocate Name: Manju Mohan
Appearance Type: Main Counsel

Party Role: Defendant
Advocate Name: R.P. Sreenivasan
Appearance Type: Main Counsel

Party Role: Defendant
Advocate Name: Saisankar S
Appearance Type: Main Counsel

Reliefs

Relief Type: Temporary Injunction

Outcome: Refused

Description:

Petitioners prayed for an injunction restraining the respondents from encroaching upon plaint B and C schedule properties.

Evidence:

Therefore, the plaintiffs are not entitled to the temporary injunction as sought for.

Documents & Evidence

Document Type: Will

Submitted By: Plaintiff

Relevance:

The court referred to this Will to determine the rights of the plaintiffs over the property.

Reference:

Will No.34/2006

Document Type: Oral Evidence