Case Summary
Ambika is the plaintiff seeking an injunction against Lissy and others. The court found a prima facie case for granting the injunction to prevent harm to the petitioner.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Ad-interim injunction against encroachment and cutting open a new pathway.
Case Type
Civil Suit
Final Judgment
No
The court granted the petition for an ad-interim injunction against the defendants. This order is to prevent any encroachment or cutting of a new pathway by the defendants until further notice.
Why Plaintiff Won:
A prima facie case was established and the balance of convenience favored the petitioner.
A prima facie case was established and the balance of convenience favored the petitioner.
Losing Side's Weaknesses:
A prima facie case was established and the balance of convenience favored the petitioner.
A prima facie case was established and the balance of convenience favored the petitioner.
Supporting Evidence
I am satisfied that, a prima facie case is made out and the delay in issuing notice in this I.A will defeat the very purpose of the suit. If ad-interim injunction is not granted, irreparable injury will be caused to the petitioner. Moreover, balance of convenience is also in favour of petitioner.
Judgment Evidence:
Hence the counter petitioner is restrained from, encroaching into plaint schedule property and further restrained from cutting open a new pathway until further orders.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Ambika
- Party Age
- 74
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Lissy
- Party Age
- 66
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Jayan
- Party Age
- 46
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Jayesh
- Party Age
- 40
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Thushara
- Party Age
- 36
- Relation
- W/o
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Saj. S. Sivan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt. B. Chithralekha
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Shihabudheen . J. Kuriyedath
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Injunction
Outcome:
Granted
Description:
Ad-interim injunction restraining the counter petitioner from encroaching into plaint schedule property and cutting open a new pathway.
Evidence:
If ad-interim injunction is not granted, irreparable injury will be caused to the petitioner.
Documents & Evidence
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiffs Court, Varkala
Common Reasons
Case Code
O.S.
Case Code Year
2025