Case Summary
Sojan K Varghese, the plaintiff, seeks a temporary prohibitory injunction against Elizabath Abraham, the defendant, due to alleged encroachment on his property. The dispute centers around the boundaries of their respective parcels of land and the construction of a compound wall by the defendant.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Respondent and her men are restrained from encroaching into any portion of plaint A schedule property till disposal of suit.
Case Type
Civil Suit
Final Judgment
No
The court granted a temporary prohibitory injunction restraining the defendant from encroaching on the plaintiff's property until the suit is disposed of. The court found in favor of the petitioner based on his established prima facie case.
Why Plaintiff Won:
The plaintiff established a prima facie case and demonstrated potential irreparable injury if the injunction was not granted.
The plaintiff established a prima facie case and demonstrated potential irreparable injury if the injunction was not granted.
Losing Side's Weaknesses:
The plaintiff established a prima facie case and demonstrated potential irreparable injury if the injunction was not granted.
The plaintiff established a prima facie case and demonstrated potential irreparable injury if the injunction was not granted.
Supporting Evidence
The court is satisfied that the plaintiff has established a prima facie case in his favour. Also, the irreparable injury will be caused to the plaintiff if an order of injunction is not passed.
Judgment Evidence:
In the result, Petition is allowed partly as follows: Respondent and her men are restrained from encroaching into any portion of plaint A schedule property till disposal of suit.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sojan K Varghese
- Party Age
- 61
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Elizabath Abraham
- Party Age
- 61
- Relation
- W/o
Plaintiffs Documents
Settlement Deed No. 1641/2001, Basic tax paid receipt No. KL07021106993/2023, Photographs 2 nos
Defendants Documents
Sale deed No. 2249/1990, Basic tax receipt issued by the Village Office, Thiruvankulam, Possession and Non attachment certificate issued by Village Office, Thiruvankulam
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Rajeesh K G
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Joby A Thambi
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Binny A Thomas
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Shoukath Husain
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Ebrahim C M
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Jerrymon Abraham
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Nishma James
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Ashiq Hussain U
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Temporary Injunction
Outcome:
Granted
Description:
The court granted a temporary prohibitory injunction restraining the respondent from encroaching into the plaintiff's property.
Evidence:
Respondent and her men are restrained from encroaching into any portion of plaint A schedule property till disposal of suit.
Relief Type:
Costs
Outcome:
Partly Granted
Description:
The court directed the parties to bear their respective costs.
Evidence:
Considering the facts and circumstances of the case, parties are directed to bear their respective costs.
Documents & Evidence
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
The plaintiff acquired the property described in the suit through this deed.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
This receipt evidences the plaintiff's payment of land tax for the property.
Reference:
Ext.A2
Document Type:
Photographs
Submitted By:
Plaintiff
Relevance:
These photographs show the condition of the compound wall between the properties.
Reference:
Ext.A3
Document Type:
Sale deed
Submitted By:
Defendant
Relevance:
The defendant presents this deed to prove her ownership of the B schedule property.
Reference:
Ext.B1
Document Type:
Tax receipt
Submitted By:
Defendant
Relevance:
This receipt shows the defendant's payment of land tax for the B schedule property.
Reference:
Ext.B2
Document Type:
Possession Certificate
Submitted By:
Defendant
Relevance:
This certificate affirms the defendant's possession of the B schedule property.
Reference:
Ext.B3
Document Type:
Commission Report
Submitted By:
Court
Relevance:
This report provides details on the condition and boundaries of both properties.
Reference:
Ext.C1
Document Type:
Rough Sketch
Submitted By:
Court
Relevance:
This sketch illustrates the layout of the A and B schedule properties.
Reference:
Ext.C1 (a)
Document Type:
Photograph
Submitted By:
Court
Relevance:
This photograph is part of the evidence submitted in relation to the properties.
Reference:
Ext.C1(b)
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 Sojan K Varghese vs Elizabath Abraham regarding temporary prohibitory injunction
Case Code Year
Case between Sojan K Varghese vs Elizabath Abraham regarding temporary prohibitory injunction