Case Summary
S. Jessi is the petitioner seeking a temporary injunction to prevent Abdul Siyad and others from encroaching on her property. The case involves allegations of threats and attempts by the respondents to cut a new pathway through the petition schedule properties.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Temporary injunction granted in favor of the petitioner restraining the first respondent from encroaching into the petition schedule properties.
Case Type
Civil Suit
Final Judgment
No
The court granted a temporary injunction in favor of the petitioner, restraining the first respondent from encroaching into the petition schedule properties until the suit is disposed of.
Why Plaintiff Won:
The petitioner is in absolute possession and ownership of the petition A and B schedule properties, and there is no right for the respondents to encroach.
The petitioner is in absolute possession and ownership of the petition A and B schedule properties, and there is no right for the respondents to encroach.
Losing Side's Weaknesses:
The petitioner is in absolute possession and ownership of the petition A and B schedule properties, and there is no right for the respondents to encroach.
The petitioner is in absolute possession and ownership of the petition A and B schedule properties, and there is no right for the respondents to encroach.
Supporting Evidence
It is clear that the petitioner is in absolute possession and ownership of the petition A and B schedule properties. There is no pathway available through the property of the petitioner.
Judgment Evidence:
In the result, the petition is allowed as follows: 1. A temporary injunction is granted in favour of the petitioner and first respondent is restrained from encroaching into the petition schedule properties and cutting open a new pathway through any part of the petition A and B schedule properties till the disposal of the suit.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- S. Jessi
- Party Age
- 42
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Abdul Siyad
- Party Age
- 50
- Relation
- S/o
Plaintiffs Documents
Certified copy of settlement Deed No. 1227/ 2010, Certified copy of settlement deed No 447/ 2024, Tax Receipt dated 15/04/2025, Tax Receipt dated 24/09/2025.
Defendants Documents
Basic Tax Register of Ayiroor Village office, Complaint submitted by Abdul Siyad, Report No. 565/ 2025 of Ayiroor Village Office dated 15/09/2025, Copy of U O Note, dated 22/09/2025, Copy of Letter No. 4225643- 2025 dated 16/10/2025.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. V. Devadas
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. S. Joy
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Temporary Injunction
Outcome:
Granted
Description:
Temporary injunction restraining the respondents from encroaching into the petition A and B schedule properties.
Evidence:
The petition is allowef as follows: 1.A temporary injunction is granted in favour of the petitioner and first respondent is restrained from encroaching into the petition schedule properties and cutting open a new pathway through any part of the petition A and B schedule properties till the disposal of the suit.
Documents & Evidence
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of settlement deed confirming ownership of the petition A schedule property.
Reference:
Ext.A1
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of settlement deed confirming ownership of the petition B schedule property.
Reference:
Ext.A2
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Tax receipt evidencing payment of tax related to the petition A and B schedule properties.
Reference:
Ext.A3
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Tax receipt evidencing payment of tax related to the petition A and B schedule properties.
Reference:
Ext.A4
Document Type:
Tax Register
Submitted By:
Defendant
Relevance:
Basic tax register document related to the respondent's property.
Reference:
Ext.B1
Document Type:
Complaint
Submitted By:
Defendant
Relevance:
Complaint submitted by the defendant regarding encroachment issues.
Reference:
Ext.B2
Document Type:
Report
Submitted By:
Defendant
Relevance:
Report from the village office on the encroachment complaint.
Reference:
Ext.B3
Document Type:
U O Note
Submitted By:
Defendant
Relevance:
Internal note regarding encroachment issues.
Reference:
Ext.B4
Document Type:
Letter
Submitted By:
Defendant
Relevance:
Letter from the Grama Panchayat regarding property measurements.
Reference:
Ext.B5
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report submitted by the appointed commissioner regarding the case.
Reference:
Ext.C1
Document Type:
Plan
Submitted By:
Court
Relevance:
Rough plan submitted by the appointed commissioner.
Reference:
Ext.C1(a)
Case Classification
Case Type
Civil Suit
Category
Injunction and Access Rights
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiffs Court, Varkala
Common Reasons
Case Code
Case between S. Jessi vs Abdul Siyad regarding temporary injunction against encroachment.
Case Code Year
Case between S. Jessi vs Abdul Siyad regarding temporary injunction against encroachment.