OS No. 49/2023

Case between Lekha Murali et al vs Raveendran.M.A. et al regarding permanent prohibitory injunction

Court
Munsiff Court Kolenchery
Judge
Smt. Sirsha.N.A
Order Date
2024-12-17
Duration
Case Closed

Judgement document from eCourt website

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Case Summary

The plaintiffs, owners of residential plots in the Panorama Prestine Valley project, seek a permanent prohibitory injunction against the defendants who threaten to demolish the outer boundary wall connecting their properties to the project area. The case revolves around property rights and access issues.

Judgment Outcome

Defendant Won
Interim Order
The petition for a permanent prohibitory injunction was dismissed by the court. The court found that the plaintiffs did not have a prima facie case to support their claims regarding being part of a villa project.
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The petition for a permanent prohibitory injunction was dismissed by the court. The court found that the plaintiffs did not have a prima facie case to support their claims regarding being part of a villa project.
Key Reasoning:
The plaintiffs failed to prove that their residential plots are part of a villa project with rights of access as claimed.
Why Defendant Won:
Not available
Supporting Evidence
Having a common gate alone can not be considered as a large extent of property dividing into several plots as an enclosed villa project. Moreover it has come out that the roads and sub roads in the area are already surrendered to the Panchayath.

Judgment Evidence:

Hence the petition is dismissed and the exparte injunction order granted in favour of the petitioners on 18.12.2023 is hereby vacated.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Lekha Murali
Party Age
49
Relation
W/o
Party Role
Plaintiff
Party Name
Neema.A.M
Party Age
35
Relation
W/o
Party Role
Plaintiff
Party Name
N.Rajesh
Party Age
51
Relation
S/o
Party Role
Plaintiff
Party Name
C.P.Rajesh
Party Age
51
Relation
S/o
Party Role
Plaintiff
Party Name
Santhosh.V.S
Party Age
45
Relation
S/o
Party Role
Defendant
Party Name
Raveendran.M.A.
Party Age
71
Relation
S/o
Party Role
Defendant
Party Name
K.G.Vinodkumar
Party Age
50
Relation
S/o
Plaintiffs Documents
Photostat copy of Sale Deed No. 1471/2019, Sale Deed No.2989/2019, Sale Deed No.2350/2018, Sale Deed No. 84/2016, Sale Deed No. 2832/2022.
Defendants Documents
Certified copy of Sale Deed No. 3943/2023, Land Tax Receipt No. KL07050809881/2023, Certified Copy of Sale Deed No.5914/2008.

Advocates

Party Role
Plaintiff
Advocate Name
A.K.Jayaprakash
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Harikrishnan.R
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
C.R.Vinodkumar
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Anilkumar.C.R
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Renjith Rajan
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Sajo Zacharia Andrews
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Silpa Gopalan
Appearance Type
Main Counsel

Reliefs

Relief Type: Permanent Injunction
Outcome: Refused
Description:
Request for a permanent prohibitory injunction restraining the defendants from providing any new entry by demolishing the outer compound wall.
Evidence:
Hence I am of the view that the petitioners are not having any prima facie case.

Documents & Evidence

Document Type: Sale deed
Submitted By: Plaintiff
Relevance:
Photostat copy of the plan.
Reference:
Ext.A1
Document Type: Sale deed
Submitted By: Plaintiff
Relevance:
Photostat copy of Sale Deed No. 1471/2019 of SRO Puthencruz.
Reference:
Ext.A2
Document Type: Sale deed
Submitted By: Plaintiff
Relevance:
Photostat copy of the Sale Deed No.2989/2019 of SRO Puthencruz.
Reference:
Ext.A3
Document Type: Sale deed
Submitted By: Plaintiff
Relevance:
Photostat copy of Sale Deed No.2350/2018 of SRO Puthencruz.
Reference:
Ext.A4
Document Type: Sale deed
Submitted By: Plaintiff
Relevance:
Photostat Copy of Sale Deed No. 2184/2016 of SRO Puthencruz.
Reference:
Ext.A5
Document Type: Sale deed
Submitted By: Plaintiff
Relevance:
Photostat Copy of Sale Deed No.2832/2022 of SRO Puthencruz.
Reference:
Ext.A6
Document Type: Right to Information Petition
Submitted By: Plaintiff
Relevance:
Copy of Petition given under the Right to Information Act before the Thiruvaniyoor Grama Panchayath.
Reference:
Ext.A7
Document Type: Information
Submitted By: Plaintiff
Relevance:
Information given from Thiruvaniyoor Grama Panchayath.
Reference:
Ext.A8
Document Type: Information
Submitted By: Plaintiff
Relevance:
Information given from Thiruvaniyoor Village Office.
Reference:
Ext.A9
Document Type: Sale deed
Submitted By: Defendant
Relevance:
Certified copy of Sale Deed No. 3943/2023 of SRO Puthencruz.
Reference:
Ext.B1
Document Type: Land Tax Receipt
Submitted By: Defendant
Relevance:
Land Tax Receipt No. KL07050809881/2023 issued from Village Office Thiruvaniyoor.
Reference:
Ext.B2
Document Type: Land Relinquishment
Submitted By: Defendant
Relevance:
Copy of Land Relinquishment.
Reference:
Ext.B3
Document Type: Sale deed
Submitted By: Defendant
Relevance:
Certified Copy of Sale Deed No.5914/2008 of SRO Puthencruz.
Reference:
Ext.B4
Document Type: Sale deed
Submitted By: Defendant
Relevance:
Certified Copy of Sale Deed No.3816/2017 of SRO Puthencruz.
Reference:
Ext.B5
Document Type: Sale deed
Submitted By: Defendant
Relevance:
Certified Copy of Sale Deed No.6090/2019 of SRO Puthencruz.
Reference:
Ext.B6
Document Type: Order
Submitted By: Defendant
Relevance:
Order in CGRF-CR/Comp.132/2016-17/669 along with letters issued by Senior Superintendent, Electrical Section, KSEB Thiruvaniyoor and Secretary, Thiruvaniyoor Grama Panchayath.
Reference:
Ext.B7
Document Type: Rough Sketch
Submitted By: Defendant
Relevance:
Rough Sketch.
Reference:
Ext.B8
Document Type: Commission Report
Submitted By: Court
Relevance:
Commission Report filed by Advocate Commissioner Ajay Saji.
Reference:
Ext.C1
Document Type: Rough Sketch
Submitted By: Court
Relevance:
Rough Sketch prepared and filed by Advocate Commissioner Ajay Saji.
Reference:
Ext.C1(a)
Document Type: Oral Evidence
Submitted By: Unknown
Relevance:
Not specifically mentioned.
Reference:

Case Classification

Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Kolenchery
Common Reasons
Case Code
Case between Lekha Murali et al vs Raveendran.M.A. et al regarding permanent prohibitory injunction
Case Code Year
Case between Lekha Murali et al vs Raveendran.M.A. et al regarding permanent prohibitory injunction

Quick Facts

Location
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Kolenchery
Case Filed
Case Closed
From
Sun, 09/01/2024 - 12:00
To
Tue, 12/31/2024 - 12:00
Outcome Confidence
80%

Involved Entities

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