Case Summary
The case involves K.P.Somasekharan Nair, the plaintiff, seeking a temporary injunction against Prasad.T.K, the defendant. The plaintiff alleges that the defendant attempted to fraudulently take possession of his property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Interim injunction restraining the defendant from alienating the plaint schedule property.
Case Type
Civil Suit
Final Judgment
No
The court partly allowed the application for interim injunction restraining the defendant from alienating the plaint schedule property until the disposal of the suit.
Why Plaintiff Won:
The petitioner is the absolute owner and in possession of the plaint schedule property, and a prima facie case for injunction was established.
The petitioner is the absolute owner and in possession of the plaint schedule property, and a prima facie case for injunction was established.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The petitioner was the absolute owner and in possession of plaint schedule property having an extent of 2.53 Ares. The specific case of petitioner is that the respondent who introduced himself as the State Council Secretary of Akhila Bharatha Ayyappa Seva Sangham caused to believe petitioner that they are doing philanthropical activities for aged persons.
Judgment Evidence:
In the result this application is allowed in part as follows: 1) The respondent is restrained from alienating the plaint schedule property until disposal of suit.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- K.P.Somasekharan Nair
- Party Age
- 87
- Relation
- S/o.Late Parameswaran Pillai
- Party Role
- Defendant
- Party Name
- Prasad.T.K
- Party Age
- 46
- Relation
- S/o.Radhakrishnan
Plaintiffs Documents
Copy of Agenda of Akhila Bharatha Ayyappa Seva Sangham dated 01/05/2025, Certified Copy of Gift Deed No.2592/2024.
Defendants Documents
Copy of Gift Deed No. 205/1/2025, Copy of Vanchiyoor Police Station Records, Complaint filed by Prasad.T.K to Sub Inspector of Vanchiyoor Police Station, Copy of Fabricated Agreement, The copy of Complaint and Receipt of Prasad.T.K.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.Benny Mathew
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Shibu Kumar.D
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Injunction
Outcome:
Granted
Description:
The petitioner has sought for injunction reliefs to restrain the respondent from alienating the plaint schedule property.
Evidence:
In the result this application is allowed in part as follows: The respondent is restrained from alienating the plaint schedule property until disposal of suit.
Documents & Evidence
Document Type:
Agenda
Submitted By:
Plaintiff
Relevance:
The copy of agenda of Akhila Bharatha Ayyappa Seva Sangham dated 01/05/2025 is marked.
Reference:
Ext.A1
Document Type:
Gift Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Gift deed No.2592/2024 is marked.
Reference:
Ext.A2
Document Type:
Gift Deed
Submitted By:
Defendant
Relevance:
Copy of Gift Deed No. 205/1/2025 is marked.
Reference:
Ext.B1
Document Type:
Police Station Records
Submitted By:
Defendant
Relevance:
The Copy of Vanchiyoor Police Station Records is marked.
Reference:
Ext.B2
Document Type:
Complaint
Submitted By:
Defendant
Relevance:
Complaint filed by Prasad.T.K to Sub Inspector of Vanchiyoor Police Station is marked.
Reference:
Ext.B3
Document Type:
Fabricated Agreement
Submitted By:
Defendant
Relevance:
Copy of Fabricated Agreement is marked.
Reference:
Ext.B4
Document Type:
Complaint and Receipt
Submitted By:
Defendant
Relevance:
The copy of Complaint and Receipt of Prasad.T.K is marked.
Reference:
Ext.B5
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Fraud
Case Code
Case between K.P.Somasekharan Nair vs Prasad.T.K regarding temporary injunction.
Case Code Year
Case between K.P.Somasekharan Nair vs Prasad.T.K regarding temporary injunction.