Case Summary
Subish K.S filed a petition against his brother Sujith K.S for a temporary prohibitory injunction regarding a residential property that belonged to their late father. The case involves issues of possession and ownership rights of the property following the father's death.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Temporary prohibitory injunction restraining the respondent from committing any mischief or illegal acts detrimental to the plaintiff's rights.
Case Type
Civil Suit
Final Judgment
No
The court granted a temporary prohibitory injunction restraining the defendant from committing any mischief or illegal acts detrimental to the plaintiff's rights over the property, while allowing the defendant to enter the premises.
Why Plaintiff Won:
The petitioner demonstrated ownership of the property and the likelihood of suffering irreparable harm without the injunction.
The petitioner demonstrated ownership of the property and the likelihood of suffering irreparable harm without the injunction.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The petitioner is the absolute owner of the plaint schedule property. The respondent has not produced anything which proves the contrary. It has also come on record that the respondent has shifted his residence from the plaint schedule property.
Judgment Evidence:
In the Result, 1. The respondent is restrained from committing any mischief over the plaint schedule property or from committing any other illegal acts detrimental to the right interest and title of the petitioner and his family peacefully enjoying the plaint schedule property. 2. The respondent is also restrained from alienating the petition schedule property by induction of third-party interest through lease, rent or any other mode.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Subish K.S
- Party Age
- 34
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Meera Subish @ Meera Aravindhan
- Party Age
- 32
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Sujith K.S
- Party Age
- 35
- Relation
- S/o
Plaintiffs Documents
Registered Will No. 311/III/24 dated 05-09-2024, Sale Deed No. 1040/1991, various police complaint documents.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Muraleedharan P
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Lal K Joseph
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Luxy T.A
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Anzil Salim
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sanjay Sellen
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Adithya S Puthezhath
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sonia Shibu
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Aamina Rafeek
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Shyamdeep S Shenoy
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Aneesh K.S
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Geethu C.S
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Roopesh Nayak
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Vikas V Shenoy
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Injunction
Outcome:
Granted
Description:
Temporary prohibitory injunction restraining the respondent from committing any mischief or illegal acts on the plaint schedule property.
Evidence:
The petitioner is entitled to an order of temporary Prohibitory Injunction restraining the respondent and his men and agent from committing any mischief, trespass or any other illegal acts detrimental to the right, interest and title of the plaintiff and his peacefully enjoying of the plaint schedule property.
Relief Type:
Injunction
Outcome:
Granted
Description:
Restraining the respondent from alienating the plaint schedule property.
Evidence:
The respondent is also restrained from alienating the petition schedule property by induction of third-party interest through lease, rent or any other mode.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
This document establishes the title of the plaint schedule property, which belonged to the plaintiff's father.
Reference:
Ext.A1
Document Type:
Will Deed
Submitted By:
Plaintiff
Relevance:
This document bequeaths the plaint schedule property in favor of the plaintiff, establishing his claim of ownership.
Reference:
Ext.A2
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
This document certifies the death of the plaintiff's father, which is relevant to the inheritance claim.
Reference:
Ext.A3
Document Type:
Complaint
Submitted By:
Plaintiff
Relevance:
This document shows prior complaints made by the plaintiff's father regarding the respondent's actions.
Reference:
Ext.A4
Document Type:
RTI application
Submitted By:
Plaintiff
Relevance:
This document is relevant for understanding the procedural history related to police complaints.
Reference:
Ext.A5
Document Type:
Reply from Police
Submitted By:
Plaintiff
Relevance:
This document is a response from the police concerning the complaints filed by the plaintiff's father.
Reference:
Ext.A6
Document Type:
Complaint
Submitted By:
Plaintiff
Relevance:
This document is a complaint submitted by the plaintiff's wife regarding the respondent's actions.
Reference:
Ext.A7
Document Type:
Acknowledgment of Complaint
Submitted By:
Plaintiff
Relevance:
This document provides evidence of the acknowledgment of the complaint submitted by the plaintiff's wife.
Reference:
Ext.A8
Document Type:
Email Authorization
Submitted By:
Plaintiff
Relevance:
This document shows the plaintiff's authorization for his wife to act on his behalf.
Reference:
Ext.A9
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
This document certifies the death of Viji, which is relevant to the family relationship.
Reference:
Ext.A10
Document Type:
Relationship Certificate
Submitted By:
Plaintiff
Relevance:
This document establishes the relationship between the deceased and the family members.
Reference:
Ext.A11
Document Type:
Advertisement
Submitted By:
Plaintiff
Relevance:
This document provides evidence of the respondent's intent to lease the plaint schedule property.
Reference:
Ext.A12
Document Type:
Commission Report
Submitted By:
Court
Relevance:
This document records the findings of the advocate commissioner regarding the plaint schedule property.
Reference:
Ext.C1
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Unauthorized occupation
Case Code
Case between Subish K.S vs Sujith K.S regarding temporary prohibitory injunction
Case Code Year
Case between Subish K.S vs Sujith K.S regarding temporary prohibitory injunction