Case Summary
Ajanthakumar is the plaintiff seeking a permanent prohibitory injunction against Archana and K.Indira to prevent them from encroaching on a pathway critical for access to his property. The defendants claim that the pathway belongs to them and that the plaintiff is attempting to unlawfully widen it.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Status quo maintained regarding the pathway as per Ext.C1 report
Case Type
Civil Suit
Final Judgment
No
The court directed the parties to maintain the status quo regarding the pathway until the final disposal of the suit, effectively preventing any encroachment.
Why Plaintiff Won:
The court found a prima facie case in favor of the petitioner, indicating that the balance of convenience favored maintaining the current state until a full trial could determine the rights of the parties.
The court found a prima facie case in favor of the petitioner, indicating that the balance of convenience favored maintaining the current state until a full trial could determine the rights of the parties.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The court found that the petitioner is the absolute owner and in possession of the plaint A schedule property and that if the respondents are not restrained, it would cause irreparable loss to the petitioner.
Judgment Evidence:
In the result this application is disposed by directing the parties to maintain status quo as per Ext.C1 report till the final disposal of the suit.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Ajanthakumar
- Party Age
- 64
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Archana
- Party Age
- 38
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- K.Indira
- Party Age
- 75
- Relation
- W/o
Plaintiffs Documents
Partition Deed No.4047/87, Tax Receipt, Will deed No.23/1954, Certified Copy of Injunction application in OS.1449/24, Certified Copy of Order in I.A.1/24 in OS.1449/24
Defendants Documents
Copy of Sale Deed No.3754/86, Copy of Sale Deed No.1257/02/I, Agreement, Copy of Sale Deed No.2557/2000, Certified Copy of Settlement deed No.1578/10
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.T.A.Harisankar
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. Louis A Fernandez
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.V.Bahuleyan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Kishore Raj.K
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
The application is disposed by directing the parties to maintain status quo as per Ext.C1 report.
Evidence:
In the result this application is disposed by directing the parties to maintain status quo as per Ext.C1 report till the final disposal of the suit.
Documents & Evidence
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
The original partition deed is marked as Ext.A1, establishing the plaintiff's ownership of the property.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Ext.A2 is the land tax receipt.
Reference:
Ext.A2
Document Type:
Basic Tax Register
Submitted By:
Plaintiff
Relevance:
Ext.A3 is the basic tax register showing the pathway details.
Reference:
Ext.A3
Document Type:
Photographs
Submitted By:
Plaintiff
Relevance:
Ext.A4 are the photographs showing the lie and nature of plaint B schedule pathway.
Reference:
Ext.A4
Document Type:
Will Deed
Submitted By:
Plaintiff
Relevance:
Ext.A5 is the copy of Will deed No.23/1954 executed by Sri. Late K. Madhavan Pillai.
Reference:
Ext.A5
Document Type:
Certified Copy of Injunction Application
Submitted By:
Plaintiff
Relevance:
Ext.A6 is the certified copy of injunction application filed in O.S.1449/2024 by the defendant against the plaintiff.
Reference:
Ext.A6
Document Type:
Certified copy of Order
Submitted By:
Plaintiff
Relevance:
Ext.A7 is the certified copy of order in I.A.1/2024 in O.S.1449/2024 dated 14/11/2024.
Reference:
Ext.A7
Document Type:
Sale deed
Submitted By:
Defendant
Relevance:
Ext.B1 is the copy of Sale deed No.3754/86.
Reference:
Ext.B1
Document Type:
Sale deed
Submitted By:
Defendant
Relevance:
Ext.B2 is the copy of Sale deed No.1257/002/I dated 30/05/2002.
Reference:
Ext.B2
Document Type:
Agreement
Submitted By:
Defendant
Relevance:
Ext.B3 is the agreement dated 25/02/1992.
Reference:
Ext.B3
Document Type:
Sale deed
Submitted By:
Defendant
Relevance:
Ext.B4 is the certified copy of Sale deed No.2557/2000 dated 28/08/2002.
Reference:
Ext.B4
Document Type:
Settlement Deed
Submitted By:
Defendant
Relevance:
Ext.B5 is the certified copy of Settlement deed No.1578/2010 dated 02/06/2010.
Reference:
Ext.B5
Document Type:
Commission Report
Submitted By:
Court
Relevance:
The advocate commissioner has filed commission report and it was marked as Ext.C1.
Reference:
Ext.C1
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Case Code
Case between Ajanthakumar vs Archana, K.Indira regarding permanent prohibitory injunction
Case Code Year
Case between Ajanthakumar vs Archana, K.Indira regarding permanent prohibitory injunction