Case Summary
Sivasankara Pillai and Geethakumari are petitioners seeking a temporary injunction. The case involves a dispute regarding encroachment and creation of a pathway through property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Ad-Interim Injunction
Case Type
Civil Suit
Final Judgment
No
The court granted an Ad-Interim Injunction restraining the defendant from encroaching on the plaintiff's property until further notice.
Why Plaintiff Won:
The accompanying affidavit discloses a prima facie case and the court is satisfied that delay in issuing notice would defeat the purpose of the injunction.
The accompanying affidavit discloses a prima facie case and the court is satisfied that delay in issuing notice would defeat the purpose of the injunction.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
I am satisfied that if the notice is issued before granting the injunction, the resultant delay would defeat the purpose of granting the injunction. Also, I believe that irreparable injury will be caused to the petitioners, if Ad-Interim Injunction is not granted.
Judgment Evidence:
Hence, the respondent/ defendant and her men are hereby restrained from encroaching into the plaint A schedule property, from creating a way in the south-north direction through the eastern side of plaint A schedule property and from committing any waste therein, until further order.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sivasankara Pillai
- Party Age
- 65
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Geethakumari
- Party Age
- 58
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Jagadamma
- Party Age
- 58
- Relation
- W/o
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Dhanya Mohan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Temporary Injunction
Outcome:
Granted
Description:
Ad-Interim Injunction is granted restraining the respondent from encroaching into the plaint A schedule property.
Evidence:
the respondent/ defendant and her men are hereby restrained from encroaching into the plaint A schedule property, from creating a way in the south-north direction through the eastern side of plaint A schedule property and from committing any waste therein, until further order.
Documents & Evidence
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Case Code
Case between Sivasankara Pillai et al vs Jagadamma regarding temporary injunction
Case Code Year
Case between Sivasankara Pillai et al vs Jagadamma regarding temporary injunction