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O.S. No. 1817/2024

Case between Sushamakumari vs Shivanandan et al regarding injunction

Court
COURT OF ADDITIONAL MUNSIFF -II
Judge
Smt. Sincy Jacob
Order Date
2025-06-27
Duration
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

Sushamakumari filed a petition against Shivanandan and Shailaja seeking a permanent prohibitory injunction for her property. The respondents allegedly attempted to alter the property boundaries and construct a wall, prompting legal action.

Judgment Outcome

Defendant Won
Interim Order
The petition was dismissed by the court, which found that the petitioner's claims did not establish her entitlement to the requested injunction.
Judgment Favored
Defendant
Relief Granted
Case Type
Injunction
Final Judgment
No
The petition was dismissed by the court, which found that the petitioner's claims did not establish her entitlement to the requested injunction.
Key Reasoning:
The petitioner failed to establish her right of way and irreparable injury, and the balance of convenience was not in her favor.
Why Defendant Won:
The petitioner failed to establish her right of way and irreparable injury, and the balance of convenience was not in her favor.
Supporting Evidence
The petitioner did not plead a right of way in her plaint or in her application. The balance of convenience also was not in her favor.

Judgment Evidence:

In the result, the petition is dismissed with costs.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Sushamakumari
Party Age
58
Relation
D/o
Party Role
Defendant
Party Name
Shivanandan
Party Age
55
Party Role
Defendant
Party Name
Shailaja
Party Age
45
Relation
W/o
Plaintiffs Documents
Copy of Sale deed No.3398/2001, Tax receipt, Complaint Copy, Aadhaar Copy, Copy of Sale deed No.920/88
Defendants Documents
True copy of Judgment in OS No. 1176/2013, True copy of final decree in IA No.2477/17 in OS No.1176/2013 (FDA)

Advocates

Party Role
Plaintiff
Advocate Name
Sri. Ashok P Nair
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Sri. Muralee Radhakrishnan
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
Sri. R.Kunjukrishnan Potti
Appearance Type
Main Counsel

Reliefs

Relief Type: Permanent Injunction
Outcome: Refused
Description:
Injunction to restrain the respondents from any construction work in the plaint B schedule property
Evidence:
Hence this Court is of the view that the petitioner is not entitled for the discretionary relief of injunction.

Documents & Evidence

Document Type: Sale deed
Submitted By: Plaintiff
Relevance:
Copy of Sale deed No.3398/2001
Reference:
Ext.A1
Document Type: Tax receipt
Submitted By: Plaintiff
Relevance:
Tax receipt
Reference:
Ext.A2
Document Type: Photo
Submitted By: Plaintiff
Relevance:
Original Photo
Reference:
Ext.A3
Document Type: Complaint Copy
Submitted By: Plaintiff
Relevance:
Complaint Copy
Reference:
Ext.A4
Document Type: Aadhaar Copy
Submitted By: Plaintiff
Relevance:
Aadhaar Copy
Reference:
Ext.A5
Document Type: Sale deed
Submitted By: Plaintiff
Relevance:
Copy of Sale deed No.920/88
Reference:
Ext.A6
Document Type: Judgment
Submitted By: Defendant
Relevance:
True copy of Judgment in OS No. 1176/2013
Reference:
Ext.B1
Document Type: Final Decree
Submitted By: Defendant
Relevance:
True copy of final decree in IA No.2477/17 in OS No.1176/2013 (FDA)
Reference:
Ext.B2
Document Type: Commission Report
Submitted By: Court
Relevance:
Commission Report
Reference:
Ext.C1
Document Type: Sketch
Submitted By: Court
Relevance:
Sketch
Reference:
Ext.C1(a)

Case Classification

Case Type
Injunction
Category
Other Civil Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Case Code
Case between Sushamakumari vs Shivanandan et al regarding injunction
Case Code Year
Case between Sushamakumari vs Shivanandan et al regarding injunction

Quick Facts

Location
THIRUVANANTHAPURAM
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Case Filed
Case Closed
From
Sun, 06/01/2025 - 12:00
To
Mon, 06/30/2025 - 12:00
Outcome Confidence
70%

Involved Entities

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