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O.S. No.1173/2024

Case between Mary Reeta et al vs Abhilasunny @ Annie et al regarding ad-interim injunction.

Court
COURT OF ADDITIONAL MUNSIFF-III
Judge
Sri. Vinod Babu.M.U
Order Date
2024-08-06
Duration
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

The plaintiffs, Mary Reeta, Christina Pereira, and Josephin Pereira, are seeking an injunction against the defendants, Abhilasunny @ Annie and Mary Susha, to prevent illegal construction on a private road. The court has considered the urgency of the matter and issued an interim order.

Judgment Outcome

Plaintiff Won
Interim Order
The court has granted an ad-interim injunction to the plaintiffs against the defendants regarding illegal construction. This order is intended to protect the plaintiffs' peaceful enjoyment of the pathway.
Judgment Favored
Plaintiff
Relief Granted
Ad-interim injunction restraining the defendants from making any illegal construction on the private road.
Case Type
Injunction
Final Judgment
No
The court has granted an ad-interim injunction to the plaintiffs against the defendants regarding illegal construction. This order is intended to protect the plaintiffs' peaceful enjoyment of the pathway.
Why Plaintiff Won:
The court found that the delay in issuing notice would defeat the purpose of the suit.
Losing Side's Weaknesses:
Not available
Supporting Evidence
I am satisfied that the delay in issuing notice will defeat the purpose of the suit.

Judgment Evidence:

Hence an ad-interim injunction is granted restraining the defendants and their henchmen from making any illegal construction encroaching into plaint D schedule private road and from making any obstruction to plaint D schedule private road which will affect the peaceful enjoyment of D schedule pathway by the plaintiffs until further orders.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Mary Reeta
Party Age
59
Relation
W/o
Party Role
Plaintiff
Party Name
Christina Pereira
Party Age
57
Relation
W/o
Party Role
Plaintiff
Party Name
Josephin Pereira
Party Age
84
Relation
W/o
Party Role
Defendant
Party Name
Abhilasunny @ Annie
Party Age
36
Relation
D/o
Party Role
Defendant
Party Name
Mary Susha
Party Age
56
Relation
W/o
Plaintiffs Documents
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Sri. L. Satheesh
Appearance Type
Main Counsel

Reliefs

Relief Type: Injunction
Outcome: Granted
Description:
An ad-interim injunction is granted restraining the defendants from making any illegal construction encroaching into plaint D schedule private road.
Evidence:
Hence an ad-interim injunction is granted restraining the defendants and their henchmen from making any illegal construction encroaching into plaint D schedule private road and from making any obstruction to plaint D schedule private road which will affect the peaceful enjoyment of D schedule pathway by the plaintiffs until further orders.

Documents & Evidence

Document Type: Affidavit
Submitted By: Plaintiff
Relevance:
The court perused the affidavit and documents in the case.
Reference:

Case Classification

Case Type
Injunction
Category
Other Civil Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Case Code
Case between Mary Reeta et al vs Abhilasunny @ Annie et al regarding ad-interim injunction.
Case Code Year
Case between Mary Reeta et al vs Abhilasunny @ Annie et al regarding ad-interim injunction.

Quick Facts

Location
THIRUVANANTHAPURAM
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Case Filed
Case Closed
From
Sat, 03/01/2025 - 12:00
To
Mon, 03/31/2025 - 12:00
Outcome Confidence
85%

Involved Entities

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