Case Summary
The plaintiffs, M.Subhash Babu and E.K.Madhavan Nair Family Trust, filed a suit against the defendants, Suresh Babu and Bindhu.V., to prevent alleged trespassing on property held by the trust. The plaintiffs claim they are protecting their rights against attempts to encroach and claim compensation unfairly from land acquisition authorities.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Restrained the defendants from committing waste in the petition schedule properties.
Case Type
Civil Suit
Final Judgment
No
The court allowed the plaintiffs' injunction application, prohibiting the defendants from committing any waste or encroaching on the scheduled properties.
Why Plaintiff Won:
The plaintiffs established a prima facie case and the balance of convenience favored them due to the risk of irreparable loss.
The plaintiffs established a prima facie case and the balance of convenience favored them due to the risk of irreparable loss.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The apprehension of plaintiff stands prima facie established. So also the balance of convenience lies in favour of plaintiff.
Judgment Evidence:
In the result I.A.04/2025 stands dismissed and I.A.02/2021 stands allowed and as follows: 1) I.A.4/2025 is dismissed 2) I.A.2/2021 allowed restraining the defendants from committing any waste in the petition schedule properties...
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M.Subhash Babu
- Party Age
- 60
- Relation
- S/o.late E.K.Madhavan Nair
- Party Role
- Plaintiff
- Party Name
- E.K.Madhavan Nair Family Trust No.IV/31/2005
- Party Role
- Defendant
- Party Name
- Suresh Babu
- Party Age
- 56
- Relation
- S/o. late E.K.Madhavan Nair
- Party Role
- Defendant
- Party Name
- Bindhu.V.
- Party Age
- 56
- Relation
- D/o.late Vijayamma
Plaintiffs Documents
Copy of Partition Deed No.2107/96, Copy of Gift Deed No. 2273/2005, Original of the Family Trust IV/31/2005, Tax Receipt
Defendants Documents
Notice, Mahazar
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.V.S.Bhasurendran Nair
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. N. Anilkumar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.Aji Gopinath
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Restraining the defendants from committing waste in the petition schedule properties.
Evidence:
I.A.2/2021 allowed restraining the defendants from committing any waste in the petition schedule properties by cutting and removing the trees standing thereon or removing the soil or from taking away the articles kept in the buildings and sheds in the schedule properties or claiming any compensation amount in excess of their extent of property from the Land Acquisition Authorities.
Relief Type:
Other
Outcome:
Dismissed
Description:
Challenging the maintainability of the injunction application and the suit.
Evidence:
I.A.4/2025 is dismissed.
Documents & Evidence
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
Copy of Partition Deed No.2107/96 relevant to property allocation.
Reference:
Ext.A1
Document Type:
Gift Deed
Submitted By:
Plaintiff
Relevance:
Copy of Gift Deed No. 2273/2005 showing transfer of properties to the trust.
Reference:
Ext.A2
Document Type:
Family Trust Document
Submitted By:
Plaintiff
Relevance:
Original of the Family Trust IV/31/2005 establishing the trust.
Reference:
Ext.A3
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Tax receipt dated 10/12/2018 relevant to the properties in question.
Reference:
Ext.A4
Document Type:
Notice
Submitted By:
Defendant
Relevance:
Notice dated 25/08/2020 issued in context of the dispute.
Reference:
Ext.B1
Document Type:
Mahazar
Submitted By:
Defendant
Relevance:
Mahazar relating to the properties of the defendant.
Reference:
Ext.B2
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Boundary Dispute
Case Code
Case between M.Subhash Babu et al vs Suresh Babu et al regarding boundary, prohibitory injunction and consequential reliefs.
Case Code Year
Case between M.Subhash Babu et al vs Suresh Babu et al regarding boundary, prohibitory injunction and consequential reliefs.