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O.S. No. 727/2025

Case between Vipin Kumar C V vs Jalaja Surendran, P N Surendran, Anandhu P S regarding temporary injunction

Court
COURT OF MUNSIFF, ERNAKULAM
Judge
Smt. Needi.K.Dinamany
Order Date
2025-11-15
Duration
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

The case involves Vipin Kumar C V seeking a temporary injunction against Jalaja Surendran, P N Surendran, and Anandhu P S. The plaintiff claims obstruction by the defendants regarding access to a pathway that is essential for the use of his property.

Judgment Outcome

Plaintiff Won
Interim Order
The court granted a temporary injunction restraining the defendants from obstructing the plaintiff's use of the pathway. The plaintiff was found to have a prima facie case, with the balance of convenience in his favor.
Judgment Favored
Plaintiff
Relief Granted
Temporary injunction granted
Case Type
Civil Suit
Final Judgment
No
The court granted a temporary injunction restraining the defendants from obstructing the plaintiff's use of the pathway. The plaintiff was found to have a prima facie case, with the balance of convenience in his favor.
Why Plaintiff Won:
The court determined the existence of a pathway essential for the plaintiff's access and recognized the plaintiff's ownership and usage rights based on historical usage.
Losing Side's Weaknesses:
Not available
Supporting Evidence
The court is satisfied that the plaintiff has proved a prima facie case. Also, balance of convenience is in favour of petitioner and also irreparable injury will be caused to petitioner if the injunction is not granted.

Judgment Evidence:

In the result, petition is allowed as follows: 1) The respondents are restrained from causing any obstruction or interference with the plaintiff's peaceful use and enjoyment of the plaint B and C schedule pathway, which is being used by the plaintiff and his men for ingress and egress of motor vehicles and pedestrians alike and from committing any act of waste or damage thereto until further orders.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Vipin Kumar C V
Party Age
39
Relation
S/o
Party Role
Defendant
Party Name
Jalaja Surendran
Party Age
58
Relation
W/o
Party Role
Defendant
Party Name
P N Surendran
Party Age
64
Relation
S/o
Party Role
Defendant
Party Name
Anandhu P S
Party Age
30
Relation
S/o
Plaintiffs Documents
Settlement deed No. 763/2022, Sale deed No. 469/1985, Building Permit dated 28.04.2025
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Frijo K Sundaram
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Bincy Jose
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Aravind Ajith
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
P B Malini Rao
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Fadiya Farza V A
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Unnimaya MR
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Nigil Shanly
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Pooja P O
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Joshy P O
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
C Sneha
Appearance Type
Main Counsel

Reliefs

Relief Type: Permanent Injunction
Outcome: Granted
Description:
Restraining the defendants from obstructing the plaintiff's use of the pathway.
Evidence:
The court is satisfied that the plaintiff has proved a prima facie case. Also, balance of convenience is in favour of petitioner and also irreparable injury will be caused to petitioner if the injunction is not granted.

Documents & Evidence

Document Type: Settlement Deed
Submitted By: Plaintiff
Relevance:
Proves the plaintiff's ownership of the property.
Reference:
Ext.A1
Document Type: Will Deed
Submitted By: Plaintiff
Relevance:
Establishes a family connection to the property.
Reference:
Ext.A2
Document Type: Location Sketch
Submitted By: Plaintiff
Relevance:
Shows the geographical layout relevant to the claim.
Reference:
Ext.A3
Document Type: Settlement Deed
Submitted By: Plaintiff
Relevance:
Provides further proof of title.
Reference:
Ext.A4
Document Type: Estimate
Submitted By: Plaintiff
Relevance:
Indicates municipal involvement in the pathway's maintenance.
Reference:
Ext.A5
Document Type: Lawyer Notice
Submitted By: Plaintiff
Relevance:
Demonstrates ongoing disputes with defendants.
Reference:
Ext.A6
Document Type: Police Acknowledgment
Submitted By: Plaintiff
Relevance:
Confirms police involvement regarding obstructions.
Reference:
Ext.A7
Document Type: Building Permit
Submitted By: Plaintiff
Relevance:
Supports the claim of planned construction on the property.
Reference:
Ext.A8
Document Type: Photographs
Submitted By: Plaintiff
Relevance:
Visual evidence supporting the plaintiff's claims.
Reference:
Ext.A9
Document Type: Sale deed
Submitted By: Plaintiff
Relevance:
Further establishes ownership and access rights.
Reference:
Ext.A10
Document Type: Sale deed
Submitted By: Plaintiff
Relevance:
Contributes to the documentation of property history.
Reference:
Ext.A11
Document Type: Commission report and Photographs
Submitted By: Court
Relevance:
Provides factual findings related to the pathway.
Reference:
Ext.C1

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 Vipin Kumar C V vs Jalaja Surendran, P N Surendran, Anandhu P S regarding temporary injunction
Case Code Year
Case between Vipin Kumar C V vs Jalaja Surendran, P N Surendran, Anandhu P S regarding temporary injunction

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Case Closed
From
Sat, 11/01/2025 - 12:00
To
Sun, 11/30/2025 - 12:00
Outcome Confidence
90%

Involved Entities

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