Case Summary
The petitioners are Bhuvaneswari Amma, Radhakrishnan. M., and Rajeev Anand, who are seeking an injunction against the respondent, Raseena. The court is considering a delay in issuing notice that may defeat the purpose of the suit.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The respondent is restrained from encroaching into petition properties and committing any acts of waste.
Case Type
Injunction
Final Judgment
No
The court found that granting the injunction was necessary to prevent irreparable injury to the petitioners.
Why Plaintiff Won:
A prima facie case was made out showing that delay in notice would defeat the suit's purpose.
A prima facie case was made out showing that delay in notice would defeat the suit's purpose.
Losing Side's Weaknesses:
A prima facie case was made out showing that delay in notice would defeat the suit's purpose.
A prima facie case was made out showing that delay in notice would defeat the suit's purpose.
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.
Judgment Evidence:
Hence the respondent is restrained from encroaching into petition A and B schedule properties and further restrained from committing any act of waste therein.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Bhuvaneswari Amma
- Party Age
- 78
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Radhakrishnan. M.
- Party Age
- 55
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Rajeev Anand
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Jayakumar. T.S.
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Raseena
- Party Age
- 52
- Relation
- D/o
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. G. Satheesh Kumar
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Injunction
Outcome:
Granted
Description:
The respondent is restrained from encroaching into petition A and B schedule properties and further restrained from committing any act of waste therein and further restrained from committing any act of waste in petition C schedule pathway or annexing the same with petition D schedule until further orders.
Evidence:
If ad-interim injunction is not granted, irreparable injury will be caused to the petitioners.
Documents & Evidence
Case Classification
Case Type
Injunction
Category
Other Civil Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiffs Court, Varkala
Common Reasons
Case Code
Case between Bhuvaneswari Amma et al vs Raseena regarding an injunction
Case Code Year
Case between Bhuvaneswari Amma et al vs Raseena regarding an injunction