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OS. No.1418/2018

Case between Saju et al vs Santhosh et al regarding permanent prohibitory injunction

Court
COURT OF ADDITIONAL MUNSIFF-II
Judge
Smt. Sincy Jacob
Order Date
2025-12-17
Duration
approximately-7 years 4 months
Case Closed
Wed, 12/17/2025 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

The plaintiffs are seeking a permanent prohibitory injunction against the defendants to prevent encroachment on a pathway they claim rights to. The court found that the plaintiffs did not establish their case warranting the relief sought.

Judgment Outcome

Defendant Won
Interim Order
The suit was dismissed as the plaintiffs failed to establish their claim over the pathway. The court concluded that the apprehension of encroachment was not proven.
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The suit was dismissed as the plaintiffs failed to establish their claim over the pathway. The court concluded that the apprehension of encroachment was not proven.
Key Reasoning:
Why Defendant Won:
Supporting Evidence
The apprehension which is based on damages mentioned in plaint is not proved. Hence, this court is of the view that the plaintiffs had not established their case warranting the grant of relief sought for.

Judgment Evidence:

In the result, the suit is dismissed. No order as to costs.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Saju
Party Age
40
Relation
S/o
Party Role
Plaintiff
Party Name
Narayanan Nair
Party Age
54
Relation
S/o
Party Role
Defendant
Party Name
Santhosh
Party Age
50
Relation
S/o
Party Role
Defendant
Party Name
Ajitha Kumari
Party Age
48
Relation
W/o
Party Role
Defendant
Party Name
Gopakumar
Party Age
55
Relation
S/o
Plaintiffs Documents
Sale Deed No.1465/2012, Tax Receipt, Copy of Sale Deed, Tax Receipt, Certificate (Sakshi Pathram)
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Sri. S. Murukan
Appearance Type
Main Counsel

Reliefs

Relief Type: Permanent Injunction
Outcome: Refused
Description:
Permanent prohibitory injunction restraining the defendants from encroaching upon the eastern side of the plaint C schedule property.
Evidence:
Hence, this court is of the view that the plaintiffs had not established their case warranting the grant of relief sought for.

Documents & Evidence

Document Type: Sale deed
Submitted By: Plaintiff
Relevance:
Photocopy of sale deed cannot be relied on as it is secondary evidence.
Reference:
Ext.A1
Document Type: Tax receipt
Submitted By: Plaintiff
Relevance:
Reference:
Ext.A2
Document Type: Sale deed
Submitted By: Plaintiff
Relevance:
Photocopy of sale deed cannot be relied on as it is secondary evidence.
Reference:
Ext.A3
Document Type: Tax receipt
Submitted By: Plaintiff
Relevance:
Reference:
Ext.A4
Document Type: Certificate
Submitted By: Plaintiff
Relevance:
Reference:
Ext.A5
Document Type: Commission Report and Sketch
Submitted By: Court
Relevance:
It is reported that the ingress and egress to the plaint A schedule property is through the plaint C schedule pathway.
Reference:
Ext.C1 and C1(a)

Case Classification

Case Type
Civil Suit
Category
Other Civil Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Case Code
Case between Saju et al vs Santhosh et al regarding permanent prohibitory injunction
Case Code Year
Case between Saju et al vs Santhosh et al regarding permanent prohibitory injunction

Quick Facts

Location
THIRUVANANTHAPURAM
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Case Filed
Thu, 08/23/2018 - 12:00
Case Closed
Wed, 12/17/2025 - 12:00
From
Mon, 12/01/2025 - 12:00
To
Wed, 12/31/2025 - 12:00
Outcome Confidence
100%

Involved Entities

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