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E.A 01/2025 in E.P 17/2025

Case between Thomas et al vs Dayana Abraham et al regarding temporary prohibitory injunction

Court
COURT OF THE MUNSIFF, KANJIRAPPALLY
Judge
Smitha Susan Mathew
Order Date
2025-08-04
Duration
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

The case involves petitioners Thomas and Abrino K. Thomas seeking a temporary prohibitory injunction against respondents Dayana Abraham and Asha Varghese. They allege that the respondents are attempting to alter a boundary line fixed by a prior decree.

Judgment Outcome

Plaintiff Won
Interim Order
The court granted a temporary prohibitory injunction restraining the respondents from making new constructions in the disputed boundary area until the boundary is fixed.
Judgment Favored
Plaintiff
Relief Granted
Temporary prohibitory injunction restraining respondents from making new constructions.
Case Type
Execution Application
Final Judgment
No
The court granted a temporary prohibitory injunction restraining the respondents from making new constructions in the disputed boundary area until the boundary is fixed.
Why Plaintiff Won:
Petitioners established a prima facie case for the injunction based on the existing decree.
Losing Side's Weaknesses:
Petitioners established a prima facie case for the injunction based on the existing decree.
Supporting Evidence
The suit was decreed on compromise. The parties consented to fix a boundary line through ‘HABCD’ in a plan attached with the compromise petition.

Judgment Evidence:

Hence respondents/decree holders are restrained from making any constructions through ‘HABCD’ line as shown in the plan appended with decree until further orders.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Thomas
Party Age
71
Relation
S/o
Party Role
Plaintiff
Party Name
Abrino K. Thomas
Party Age
36
Relation
S/o
Party Role
Defendant
Party Name
Dayana Abraham
Party Age
34
Relation
W/o
Party Role
Defendant
Party Name
Asha Varghese
Party Age
40
Relation
W/o
Plaintiffs Documents
Execution petition, affidavit and documents.
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Jolly James
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
V.G. Venugopal
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Gopikrishna
Appearance Type
Assisting Counsel

Reliefs

Relief Type: Injunction
Outcome: Granted
Description:
Temporary prohibitory injunction restraining the plaintiffs/respondents from making new constructions at the boundary line until the boundary is fixed through 'HABCD' line.
Evidence:
Hence respondents/decree holders are restrained from making any constructions through 'HABCD' line as shown in the plan appended with decree until further orders.

Documents & Evidence

Case Classification

Case Type
Execution Application
Category
Other Civil Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Kanjirappally
Common Reasons
Case Code
Case between Thomas et al vs Dayana Abraham et al regarding temporary prohibitory injunction
Case Code Year
Case between Thomas et al vs Dayana Abraham et al regarding temporary prohibitory injunction

Quick Facts

Location
Kanjirappally, Kottayam District
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Kanjirappally
Case Filed
Case Closed
From
Tue, 07/01/2025 - 12:00
To
Sun, 08/31/2025 - 12:00
Outcome Confidence
80%

Involved Entities

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