Case Summary
The case involves plaintiffs Minimol.M and Viju.S.S seeking an injunction against the defendants regarding their property rights. The court modified the existing injunction related to public drainage and property protection.
Judgment Outcome
Judgment Favored
Partial
Relief Granted
Modification of the injunction order
Case Type
Injunction
Final Judgment
No
The court modified the previous injunction order concerning the plaintiffs' property and a public drainage issue. The new order restrains the defendants from causing any destruction to the plaintiffs' property until further disposal.
Key Reasoning:
The plaintiffs successfully argued for protection of their property rights while the court acknowledged the public nature of the drainage.
The plaintiffs successfully argued for protection of their property rights while the court acknowledged the public nature of the drainage.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
However the plaint B schedule is a public drainage over which the plaintiff is having no right. Hence the injunction order is modified accordingly confining the restrainment from causing any destruction to the plaint A schedule property.
Judgment Evidence:
The injunction already granted was with regard to the causing of hindrance to the ingress and egress of the plaintiffs and to the free flow of water through the plaint B schedule passage.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Minimol.M
- Party Age
- 43
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Viju.S.S
- Party Age
- 48
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Vithayathil Health Care Pvt. Ltd
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Vivek Paul
- Party Age
- 35
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- V.V. Ittichan
- Party Age
- 62
- Party Role
- Defendant
- Party Name
- Secretary
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. K. Bijulal
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt. Ajitha. V. K. Nair
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Arun. I. Sreedhar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Bilahari.G.R
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Aravind.T
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. M. Madhusoodanan Nair
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. B. Vasudevan Nair
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Injunction
Outcome:
Partly Granted
Description:
Modification of the injunction order to confine the restrainment from causing any destruction to the plaint A schedule property by the defendants until the disposal of the series.
Evidence:
However the plaint B schedule is a public drainage over which the plaintiff is having no right. Hence the injunction order is modified accordingly confining the restrainment from causing any destruction to the plaint A schedule property by the defendants until the disposal of the series.
Documents & Evidence
Case Classification
Case Type
Injunction
Category
Other Civil Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Case Code
Case between Minimol.M vs Vithayathil Health Care Pvt. Ltd regarding modification of injunction order
Case Code Year
Case between Minimol.M vs Vithayathil Health Care Pvt. Ltd regarding modification of injunction order