Case Summary
Dr.Cine Supriya V.R is the plaintiff seeking a temporary injunction against the State of Kerala and other defendants regarding the construction of a sewage line that allegedly encroaches on her property. The court considered the balance of convenience and irreparable injury to the petitioner.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Temporary injunction against the second defendant from constructing the sewage line that drains into the plaint schedule property.
Case Type
Civil Suit
Final Judgment
No
The court allowed the petition and granted a temporary injunction against the construction of the sewage line that could drain water into the plaintiff's property.
Why Plaintiff Won:
The court found that there was a prima facie case and the balance of convenience was in favor of the petitioner, demonstrating potential irreparable injury if the injunction was not granted.
The court found that there was a prima facie case and the balance of convenience was in favor of the petitioner, demonstrating potential irreparable injury if the injunction was not granted.
Losing Side's Weaknesses:
The court found that there was a prima facie case and the balance of convenience was in favor of the petitioner, demonstrating potential irreparable injury if the injunction was not granted.
The court found that there was a prima facie case and the balance of convenience was in favor of the petitioner, demonstrating potential irreparable injury if the injunction was not granted.
Supporting Evidence
The court is of the view that no relief can be granted against the 3rd defendant and they are not undertaking the work of sewage line. Thus, there is prima facie case and balance of convenience is in favour of the petitioner. Further irreparable injury will be caused to the petitioner, if the injunction is not allowed.
Judgment Evidence:
The defendant No. 2 is restrained from constructing sewage line so as to cause drainage water draining into the plaint schedule property by encroaching into the ground portion of eastern side wall of plaint schedule or any side of plaint schedule property, until further orders.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Dr.Cine Supriya V.R
- Party Age
- 53
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- State of Kerala represented by District Collector
- Party Role
- Defendant
- Party Name
- Assistant Executive Engineer PWD (Road Division)
- Party Role
- Defendant
- Party Name
- Thiruvananthapuram Municipal Corporation represented by Secretary
Plaintiffs Documents
Certified Copy of Will Deed No.45/2001, Tax Receipt, Survey Plan
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.Ziayad.M.Kollam
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Pratheeshmohan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Injunction
Outcome:
Granted
Description:
Restraining the second defendant from constructing the sewage line that drains into the plaint schedule property.
Evidence:
The defendant No. 2 is restrained from constructing sewage line so as to cause drainage water draining into the plaint schedule property by encroaching into the ground portion of eastern side wall of plaint schedule or any side of plaint schedule property, until further orders.
Documents & Evidence
Document Type:
Will Deed
Submitted By:
Plaintiff
Relevance:
Produced to establish ownership of the plaint schedule property.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Produced to provide evidence related to the property.
Reference:
Ext.A2
Document Type:
Survey Plan
Submitted By:
Plaintiff
Relevance:
Produced to show the layout of the property.
Reference:
Ext.A3
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Marked to assess the construction and potential drainage issues.
Reference:
Ext.C1
Document Type:
Sketch
Submitted By:
Court
Relevance:
Marked to illustrate the physical aspects of the property relevant to the case.
Reference:
Ext.C1(a)
Case Classification
Case Type
Civil Suit
Category
Injunction and Access Rights
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Unauthorized occupation
Case Code
OS.NO.
Case Code Year
2025