Case Summary
Prakashan N.K. and others filed a petition for a temporary injunction against Belly Mendez, claiming interference with their peaceful enjoyment of certain properties. They seek to restrain the defendant from encroaching upon a pathway vital for accessing their properties.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court dismissed the plaintiffs' petition for a temporary injunction. It found that the plaintiffs failed to establish a prima facie case or balance of convenience for issuing the injunction.
Key Reasoning:
Plaintiffs failed to establish a prima facie case regarding the existence of the pathway.
Plaintiffs failed to establish a prima facie case regarding the existence of the pathway.
Why Defendant Won:
Plaintiffs failed to establish a prima facie case regarding the existence of the pathway.
Plaintiffs failed to establish a prima facie case regarding the existence of the pathway.
Supporting Evidence
It is evident therefore that the plaintiff has failed to prima facie establish a case of existence of a plaint D schedule property as alleged in the petition.
Judgment Evidence:
Hence, I am of the opinion that the points are to be answered as against the petitioners and are answered so. The petition is to be dismissed and it is dismissed.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Prakashan N.K.
- Party Age
- 68
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Sangamithra K.R.
- Party Age
- 66
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Sreedevi
- Party Age
- 59
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Belly Mendez
- Party Age
- 56
- Relation
- W/o
Plaintiffs Documents
Settlement Deed No. 473/2013, Will, Gift Deed No. 4375/2004, Sale Deed No. 1802/1987, Sale Deed No. 615/1986, Tax receipt issued by the Village Officer, Mulavukadu.
Defendants Documents
Will No. 34/1956, Original of the 'PATTA' bearing No. 209/98, Tax receipt issued by Mulavukadu Village.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Varghese K. Paul
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Safeer Bawa A.S
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Kashmeera Ashraf
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Hain Mary Tomy
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Jully Siju
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sneha Divakaran P
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Anamika Sasikumar
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Binni K
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- N. Reghunath
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Temporary Injunction
Outcome:
Refused
Description:
The petitioners sought a temporary prohibitory injunction against the defendant's interference.
Evidence:
It is evident therefore that the plaintiff has failed to prima facie establish a case of existence of a plaint D schedule property as alleged in the petition.
Documents & Evidence
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
True copy of the Settlement Deed No. 473/2013 to establish ownership of Plaintiff B Schedule property.
Reference:
Ext.A1
Document Type:
Will
Submitted By:
Plaintiff
Relevance:
True copy of the Will to support the ownership claims of the Plaintiffs.
Reference:
Ext.A2
Document Type:
Gift Deed
Submitted By:
Plaintiff
Relevance:
True copy of the Gift Deed No. 4375/2004 to establish ownership claims.
Reference:
Ext.A3
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
True copy of the Sale Deed No. 1802/1987 to show ownership of property.
Reference:
Ext.A4
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
True copy of the Sale Deed No. 615/1986 to support property ownership.
Reference:
Ext.A5
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Tax receipt issued by the Village Officer, Mulavukadu to demonstrate payments related to property.
Reference:
Ext.A6
Document Type:
Will
Submitted By:
Defendant
Relevance:
Photocopy of Will No. 34/1956 for the Defendant's claim.
Reference:
Ext.B1
Document Type:
Patta
Submitted By:
Defendant
Relevance:
Original of the 'PATTA' bearing No. 209/98 to establish ownership.
Reference:
Ext.B2
Document Type:
Statement
Submitted By:
Defendant
Relevance:
Statement of the Survey Subdivision (form No.7) issued by Taluk Office, Kanayannoor as evidence.
Reference:
Ext.B3
Document Type:
Tax receipt
Submitted By:
Defendant
Relevance:
Tax receipt issued by Mulavukadu Village to show relevant payments.
Reference:
Ext.B4
Document Type:
Location Sketch
Submitted By:
Defendant
Relevance:
Location Sketch with Certificate provided to support the Defendant's case.
Reference:
Ext.B5
Document Type:
Settlement Deed
Submitted By:
Defendant
Relevance:
Photocopy of the Settlement Deed No. 222/2024 to establish ownership.
Reference:
Ext.B6
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission Report filed to evaluate the situation regarding the property.
Reference:
Ext.C1
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between Prakashan N.K. et al vs Belly Mendez regarding temporary prohibitory injunction
Case Code Year
Case between Prakashan N.K. et al vs Belly Mendez regarding temporary prohibitory injunction