Case Summary
The case involves Rathnamma and her son Biju as plaintiffs against defendants Shajan and Ravi, concerning a dispute over the use of a pathway that allegedly caused damage to their property. The plaintiffs seek a temporary injunction to prevent further damage.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Limited interim injunction restraining the defendants from causing damage to the boundary wall.
Case Type
Civil Suit
Final Judgment
No
The court granted a limited interim injunction, restraining the defendants from causing any damage to the plaintiffs' boundary wall. The application was partly allowed based on the evidence presented.
Why Plaintiff Won:
The apprehension of damage due to heavy vehicle access was deemed reasonable given the circumstances.
The apprehension of damage due to heavy vehicle access was deemed reasonable given the circumstances.
Losing Side's Weaknesses:
The apprehension of damage due to heavy vehicle access was deemed reasonable given the circumstances.
The apprehension of damage due to heavy vehicle access was deemed reasonable given the circumstances.
Supporting Evidence
The petitioner’s apprehension that the passage of heavy vehicles along the pathway is likely to cause structural damage to the boundary wall and other installations in the property cannot be lightly brushed aside.
Judgment Evidence:
In the result, this Court is of the view that a limited interim injunction is warranted. Accordingly, this petition is partly allowed. The respondents are hereby restrained from causing any damage to the boundary wall.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Rathnamma
- Party Age
- 73
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Biju
- Party Age
- 43
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Shajan
- Party Age
- 53
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Ravi
- Party Age
- 65
- Relation
- S/o
Plaintiffs Documents
Certified copy of the Gift Deed No.1411/1/1989, Certified copy of the Settlement Deed No.3546/18, Land Tax receipt of Tandaper No.8528 of Kodanadu Village.
Defendants Documents
Nil
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Anil Kumar S
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- K M Alias
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Temporary Injunction
Outcome:
Partly Granted
Description:
Temporary injunction restraining the defendants from causing any damage to the boundary wall.
Evidence:
Accordingly, this petition is partly allowed. The respondents are hereby restrained from causing any damage to the boundary wall.
Documents & Evidence
Document Type:
Gift Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of the Gift Deed No.1411/1/1989 of SRO, Perumbavoor which establishes ownership of the plaint schedule property.
Reference:
Ext.A1
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of the Settlement Deed No.3546/18 of SRO, Perumbavoor that contributes to the ownership evidence.
Reference:
Ext.A2
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Land Tax receipt of Tandaper No.8528 of Kodanadu Village supporting the ownership claim.
Reference:
Ext.A3
Document Type:
Survey Manual
Submitted By:
Plaintiff
Relevance:
Copy of the Survey Manual (form No.10) relevant for assessment of property.
Reference:
Ext.A4
Document Type:
Chalan
Submitted By:
Plaintiff
Relevance:
Copy of the Chalan related to the property.
Reference:
Ext.A5
Document Type:
Notice
Submitted By:
Plaintiff
Relevance:
Copy of the Form No.12 notice (Survey Manual) significant for the case.
Reference:
Ext.A6
Document Type:
Notice
Submitted By:
Plaintiff
Relevance:
Copy of the notice important for the property claim.
Reference:
Ext.A7
Document Type:
Notice
Submitted By:
Plaintiff
Relevance:
Copy of another notice that relates to the ongoing disputes.
Reference:
Ext.A8
Document Type:
Complaint
Submitted By:
Plaintiff
Relevance:
Copy of the complaint preferred before the Sub Inspector of Police, Kodanadu that indicates prior grievances.
Reference:
Ext.A9
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report and rough sketch submitted by the Advocate Commissioner which provides details on the property.
Reference:
Ext.C1
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report and rough sketch submitted by the Advocate Commissioner relevant to the ongoing property case.
Reference:
Ext.C2
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Perumbavoor
Common Reasons
Case Code
Case between Rathnamma vs Shajan regarding temporary injunction
Case Code Year
Case between Rathnamma vs Shajan regarding temporary injunction