Case Summary
The plaintiffs are seeking a temporary injunction to prevent the defendants from constructing on a property that the plaintiffs claim. The dispute involves allegations of encroachment and ownership over adjacent properties.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court dismissed the plaintiffs' petition for a temporary injunction, finding no prima facie case in their favor and determining that the defendants were legally allowed to continue with their construction.
Key Reasoning:
The court found that the plaintiffs failed to prove their case and the defendants were constructing within their own property.
The court found that the plaintiffs failed to prove their case and the defendants were constructing within their own property.
Why Defendant Won:
Not available
Not available
Supporting Evidence
The court is having no hesitation to hold that petitioners are having no prima facie case and balance of convenience in their favour.
Judgment Evidence:
In the result, petition is dismissed. No order as to costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sarasamma
- Party Age
- 67
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Prashobha
- Party Age
- 47
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Velayudhan
- Party Age
- 80
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sobhana
- Party Age
- 55
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Pradeep
- Party Age
- 29
- Relation
- S/o
Plaintiffs Documents
Stop memo issued by Elakamon Grama Panchayath dated 18/03/2025, Stop memo issued by Elakamon Grama Panchayath dated 01/03/2025, Receipt issued by Varkala Sub Divisional Office of Police dated 29/01/2025, Photography, Compact Disc, Bill No. 3789 of Gulf digital studio dated 22/02/2025.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Sabir. F. Haq
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Giresh. G. P.
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Temporary Injunction
Outcome:
Refused
Description:
Request for a temporary injunction to restrain construction in B schedule property.
Evidence:
Hence this court is having no hesitation to hold that petitioners are having no prima facie case and balance of convenience in their favour.
Documents & Evidence
Document Type:
Stop Memo
Submitted By:
Plaintiff
Relevance:
Issued by Elakamon Grama Panchayath to stop construction in B schedule property.
Reference:
Ext.A1
Document Type:
Stop Memo
Submitted By:
Plaintiff
Relevance:
Issued by Elakamon Grama Panchayath to stop construction in B schedule property.
Reference:
Ext.A2
Document Type:
Receipt
Submitted By:
Plaintiff
Relevance:
Receipt issued by Varkala Sub Divisional Office of Police.
Reference:
Ext.A3
Document Type:
Photography
Submitted By:
Plaintiff
Relevance:
Photographic evidence related to the case.
Reference:
Ext.A4 Series
Document Type:
Compact Disc
Submitted By:
Plaintiff
Relevance:
Digital evidence presented in support of the case.
Reference:
Ext.A5
Document Type:
Bill
Submitted By:
Plaintiff
Relevance:
Bill from Gulf digital studio relevant to the case.
Reference:
Ext.A6
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Report filed by the Advocate Commissioner regarding boundary and encroachment.
Reference:
Ext.C1
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiffs Court, Varkala
Common Reasons
Case Code
O.S.
Case Code Year
2019