Case Summary
R.Ramesh Kumar, the plaintiff, seeks a permanent prohibitory injunction against his wife, Jyothilekshmi.T, to prevent her from obstructing his use of a property that he claims ownership of. The case arises from a tumultuous marriage that has now ended, with previous court orders related to their relationship impacting the current proceedings.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court dismissed the petition for a temporary injunction sought by R.Ramesh Kumar, finding that he failed to establish a prima facie case or prove irreparable loss. Jyothilekshmi.T's rights were upheld due to existing protection orders.
Key Reasoning:
The respondent had obtained prior protection and residence orders, which established her rights over the property.
The respondent had obtained prior protection and residence orders, which established her rights over the property.
Why Defendant Won:
The respondent had obtained prior protection and residence orders, which established her rights over the property.
The respondent had obtained prior protection and residence orders, which established her rights over the property.
Supporting Evidence
It is found that petitioner has not made out a prima facie case with respect to relief sought for.
Judgment Evidence:
In the result, this application stands dismissed. No order as to costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- R.Ramesh Kumar
- Party Age
- 59
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Jyothilekshmi.T
- Party Age
- 42
- Relation
- W/o
Plaintiffs Documents
Original Tax Receipt, Copy of Building tax of Ground Floor, Copy of Building tax of first floor, Original rental agreement
Defendants Documents
Copy of Medical Certificate, Copy of FIR No.396/2024, Copy of FIR No.1042/2024, Copy of Interim Order Passed by Judicial First Class Magistrate Court-IV, Thiruvananthapuram, Copy of Final Order in MC.No.23/2025
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.M.Harilal
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.Appu Aravind.V
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Refused
Description:
The petitioner sought a permanent injunction to restrain the respondent from obstructing the use of the plaint schedule property.
Evidence:
No prima facie case in favour of petitioner for grant of an order of injunction.
Documents & Evidence
Document Type:
Original tax receipt
Submitted By:
Plaintiff
Relevance:
Document evidencing ownership and possession of property.
Reference:
Ext.A1
Document Type:
Copy of Building tax of Ground Floor
Submitted By:
Plaintiff
Relevance:
Document supporting the claim related to the ground floor of the property.
Reference:
Ext.A2
Document Type:
Copy of Building tax of first floor
Submitted By:
Plaintiff
Relevance:
Document supporting the claim related to the first floor of the property.
Reference:
Ext.A3
Document Type:
Original rental agreement
Submitted By:
Plaintiff
Relevance:
Document evidencing the rental agreement related to the plaint schedule property.
Reference:
Ext.A4
Document Type:
Copy of Medical Certificate
Submitted By:
Defendant
Relevance:
Document evidencing physical harm allegedly caused by the petitioner.
Reference:
Ext.B1
Document Type:
Copy of FIR No.396/2024
Submitted By:
Defendant
Relevance:
First Information Report related to threats and manhandling by the petitioner.
Reference:
Ext.B2
Document Type:
Copy of FIR No.1042/2024
Submitted By:
Defendant
Relevance:
First Information Report related to abuse by the petitioner.
Reference:
Ext.B3
Document Type:
Copy of Interim Order Passed by Judicial First Class Magistrate Court-IV
Submitted By:
Defendant
Relevance:
Interim order providing protection to the respondent.
Reference:
Ext.B4
Document Type:
Copy of Final Order in MC.No.23/2025
Submitted By:
Defendant
Relevance:
Final order granting protection and residence order in favor of the respondent.
Reference:
Ext.B5
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Report from an advocate commissioner regarding the property.
Reference:
Ext.C1
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Case Code
OS.NO.
Case Code Year
2025