Case Summary
Dr. Suraj Soman is the plaintiff seeking a temporary injunction against Mr.Jayakrishnan, the defendant, due to unauthorized construction affecting the plaintiff's property. The plaintiff alleges that the defendant's construction has damaged the retaining wall separating their properties.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Temporary injunction against unauthorized construction by the defendant.
Case Type
Civil Suit
Final Judgment
No
The court allowed the application for a temporary injunction, restraining the defendant from carrying out any construction that could damage the plaintiff's property until further notice.
Why Plaintiff Won:
The plaintiff successfully demonstrated a prima facie case and established the balance of convenience in their favor.
The plaintiff successfully demonstrated a prima facie case and established the balance of convenience in their favor.
Losing Side's Weaknesses:
The plaintiff successfully demonstrated a prima facie case and established the balance of convenience in their favor.
The plaintiff successfully demonstrated a prima facie case and established the balance of convenience in their favor.
Supporting Evidence
The plaintiff successfully demonstrated a prima facie case and established the balance of convenience in their favor.
Judgment Evidence:
Hence for the aforesaid reasons, I am satisfied that the petitioner has made out a prima facie case in his favour. Balance of convenience is also in favour of petitioner. If an order of injunction is not passed it would cause irreparable injury to the petitioner. Hence I am inclined to allow the application.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Dr. Suraj Soman
- Party Age
- 39
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Mr.Jayakrishnan
Plaintiffs Documents
Copy of Sale deed No. 2191/2020, Tax receipt dated 21/11/2024, Acknowledgment of complaints dated 28/06/2025, Copy of proceedings of Sreekaryam Police Station dated 29/06/2025, Letter from Thiruvananthapuram Corporation dated 08/07/2025, Petition filed before Secretary dated 25/07/2025, Stop memo dated 25/07/2025.
Defendants Documents
Copy of Watsapp messages, Technical Committee report dated 13/08/2025, Structural drawing.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.Kallambalam S. Sreekumar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Dr. Lathika kumari.D
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Injunction
Outcome:
Granted
Description:
Temporary injunction restraining the defendant from doing any construction in his property affecting plaint A schedule property.
Evidence:
The counter petitioner/respondent are restrained from doing any construction in his property lying on the immediate north of plaint A schedule property until a strong RCC retaining wall is constructed.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Copy of sale deed No. 2191/2020 showing ownership of plaintiff over the plaint A schedule property.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Tax receipt dated 21/11/2024 pertaining to plaint A schedule property.
Reference:
Ext.A2
Document Type:
Acknowledgment
Submitted By:
Plaintiff
Relevance:
Copy of acknowledgment of complaints filed by the plaintiff.
Reference:
Ext.A3
Document Type:
Proceedings
Submitted By:
Plaintiff
Relevance:
Copy of proceedings dated 29/06/2025 of Sreekaryam police station.
Reference:
Ext.A4
Document Type:
Letter
Submitted By:
Plaintiff
Relevance:
Copy of order dated 08/07/2025 issued by Secretary, Thiruvananthapuram Corporation directing removal of unlawful construction.
Reference:
Ext.A5
Document Type:
Petition
Submitted By:
Plaintiff
Relevance:
Copy of petition filed before Secretary, Thiruvananthapuram Corporation.
Reference:
Ext.A6
Document Type:
Stop Memo
Submitted By:
Plaintiff
Relevance:
Stop memo dated 25/07/2025 issued by Secretary, Thiruvananthapuram Corporation.
Reference:
Ext.A7
Document Type:
Watsapp Messages
Submitted By:
Defendant
Relevance:
Copy of Watsapp messages showing correspondence with plaintiff regarding construction.
Reference:
Ext.B1
Document Type:
Technical Committee Report
Submitted By:
Defendant
Relevance:
Technical committee report dated 13/08/2025 commenting on construction work and damages.
Reference:
Ext.B2
Document Type:
Structural Drawing
Submitted By:
Defendant
Relevance:
Structural drawing related to the disputed area.
Reference:
Ext.B3
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report and plan detailing the condition of the plaint schedule property.
Reference:
Ext.C1
Document Type:
Commission Plan
Submitted By:
Court
Relevance:
Plan accompanying the commission report.
Reference:
Ext.C1(a)
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 Dr. Suraj Soman vs Mr.Jayakrishnan regarding temporary injunction
Case Code Year
Case between Dr. Suraj Soman vs Mr.Jayakrishnan regarding temporary injunction