Case Summary
The case involves a dispute between the plaintiffs, Asha.S and Ajithkumar, and the defendants, Asokan.G and others, concerning a permanent prohibitory injunction. The plaintiffs are seeking to restrain the defendants from trespassing on their properties and obstructing their access to a pathway.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Temporary injunction to maintain status quo
Case Type
Civil Suit
Final Judgment
No
The application was disposed of by directing the parties to maintain status quo regarding the properties in question until the final disposal of the suit.
Why Plaintiff Won:
The plaintiffs established a prima facie case and the balance of convenience was in their favor.
The plaintiffs established a prima facie case and the balance of convenience was in their favor.
Losing Side's Weaknesses:
The plaintiffs established a prima facie case and the balance of convenience was in their favor.
The plaintiffs established a prima facie case and the balance of convenience was in their favor.
Supporting Evidence
The petitioners have a prima facie case and balance of convenience is also in favour of petitioners.
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
- Asha.S.
- Party Age
- 47
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Ajithkumar
- Party Age
- 53
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Asokan.G
- Party Age
- 57
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Rajeshkumar
- Party Age
- 47
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Krishnaprasad
- Party Age
- 37
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Jayakumar
- Party Age
- 59
- Party Role
- Defendant
- Party Name
- Harikumar
- Party Age
- 48
- Relation
- S/o
Plaintiffs Documents
Certified copy of settlement deed No. 1389/2018, Original settlement deed No. 780/2004, Tax receipts of plaint A & B properties.
Defendants Documents
Certified copy of partition deed No. 1351/1982, Reply of RTI, Application filed under the RTI Act.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Madavoorpara. G.R.Rajeevkumar
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. Asheer. A.K
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. K.O. Asokan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Temporary Injunction
Outcome:
Granted
Description:
Petitioners sought a temporary injunction to restrain the defendants from trespassing and obstructing their use of property.
Evidence:
Considering the nature of dispute and the documents produced, I am of the opinion that it is necessary in the interest of justice to pass a status quo as per Ext.C1 report in the interest of justice and to ensure preservation of the plaint schedule property.
Documents & Evidence
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of settlement deed No. 1389/2018, evidencing the petitioner's title to plaint A schedule property.
Reference:
Ext.A1
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Original settlement deed No. 780/2004, evidencing the title of the 2nd plaintiff’s wife to plaint B schedule property.
Reference:
Ext.A2
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Tax receipts pertaining to plaint A and B schedule properties.
Reference:
Ext.A3 series
Document Type:
Partition Deed
Submitted By:
Defendant
Relevance:
Certified copy of partition deed No. 1351/1982, relevant to the defendants' claim.
Reference:
Ext.B1
Document Type:
RTI Reply
Submitted By:
Defendant
Relevance:
Reply dated 13/05/2025 under the Right to Information Act, relevant to the defendants' claim.
Reference:
Ext.B2
Document Type:
RTI application
Submitted By:
Defendant
Relevance:
Application filed under the Right to Information Act.
Reference:
Ext.B3
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Report by the advocate commissioner regarding the lie, nature and extent of plaint A, B, and C schedule properties.
Reference:
Ext.C1
Document Type:
Plan
Submitted By:
Court
Relevance:
Plan associated with the commission report.
Reference:
Ext.C1(a)
Case Classification
Case Type
Civil Suit
Category
Eviction and Rent Control
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Case Code
Case between Asha.S. et al vs Asokan.G et al regarding permanent prohibitory injunction
Case Code Year
Case between Asha.S. et al vs Asokan.G et al regarding permanent prohibitory injunction