Case Summary
Nandana.R.P and Rajesh Kumar.S are the plaintiffs seeking a temporary injunction against Biju Kumar.S, Jiji K.S, and Radhadevi, the defendants. The plaintiffs claim damage to their property due to soil excavation by the defendants.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Maintain status quo as per Ext.C1 report
Case Type
Civil Suit
Final Judgment
No
The court directed the parties to maintain status quo regarding the plaint schedule property until the final disposal of the suit.
Why Plaintiff Won:
The court found the necessity to preserve the plaint schedule property in the interest of justice.
The court found the necessity to preserve the plaint schedule property in the interest of justice.
Losing Side's Weaknesses:
The court found the necessity to preserve the plaint schedule property in the interest of justice.
The court found the necessity to preserve the plaint schedule property in the interest of justice.
Supporting Evidence
Considering the nature of dispute and the documents produced, I am of the opinion that it is necessary in the interest of justice to pass a status quo as per Ext.C1 report and to ensure preservation of the plaint schedule property.
Judgment Evidence:
In the result this application is disposed by directing the parties to maintain status quo as per Ext.C1 report till the final disposal of the suit.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Nandana.R.P
- Party Age
- 47
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Rajesh Kumar.S
- Party Age
- 47
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Biju Kumar.S
- Party Age
- 55
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Jiji K.S
- Party Age
- 48
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Radhadevi
- Party Age
- 77
- Relation
- W/o
Plaintiffs Documents
Settlement Deed No.1876/2009, Tax Receipt, Location Sketch of Plaint Schedule Property, Certified Copy of Settlement Deed No.542/2016, Certified Copy of Settlement Deed No.147/2017, Photographs, Copy of Complaint by Rajesh Kumar.S to SHO, Mannanthala.P.S., Copy of Complaint by Rajesh Kumar.S and Nandana.R.P to the District Collector, Thiruvananthapuram, Technical Committee Report
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.Dil Mohan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.P.Praveen
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Injunction
Outcome:
Granted
Description:
Order to maintain status quo pending disposal of the suit.
Evidence:
I am of the opinion that it is necessary in the interest of justice to pass a status quo as per Ext.C1 report and to ensure preservation of the plaint schedule property.
Documents & Evidence
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Copy of Settlement Deed No.1876/2009 which establishes ownership of the plaint schedule property.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Document pertaining to the plaint schedule property.
Reference:
Ext.A2
Document Type:
Location Sketch
Submitted By:
Plaintiff
Relevance:
Sketch showing the location of the plaint schedule property.
Reference:
Ext.A3
Document Type:
Certified Copy of Settlement Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Settlement Deed No.542/2016 for the transfer of property.
Reference:
Ext.A4
Document Type:
Certified Copy of Settlement Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Settlement Deed No.147/2017 for the transfer of property.
Reference:
Ext.A5
Document Type:
Photographs
Submitted By:
Plaintiff
Relevance:
Photographs showing evidence of illegal excavation by the respondents.
Reference:
Ext.A6
Document Type:
Copy of complaint
Submitted By:
Plaintiff
Relevance:
Complaint by Rajesh Kumar.S to SHO regarding illegal excavation.
Reference:
Ext.A7
Document Type:
Copy of complaint
Submitted By:
Plaintiff
Relevance:
Complaint by Rajesh Kumar.S and Nandana.R.P to the District Collector regarding illegal acts by the defendants.
Reference:
Ext.A8
Document Type:
Technical Committee Report
Submitted By:
Plaintiff
Relevance:
Report detailing the effects of excavation on the plaint schedule property.
Reference:
Ext.A9
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Court document detailing the on-site inspection and findings regarding the plaint schedule property.
Reference:
Ext.C1
Document Type:
Rough Sketch
Submitted By:
Court
Relevance:
Rough sketch accompanying the Commissioner Report regarding the layout of the plaint schedule property.
Reference:
Ext.C1(a)
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Case Code
O.S.
Case Code Year
2025