Case Summary
The case involves A. Shahjahan and others as plaintiffs against Shaji and Krishna Kumar regarding a petition for an injunction related to property encroachment. The court finds that a prima facie case exists for granting an interim injunction to prevent irreparable injury to the plaintiffs.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Interim injunction restraining defendants from encroaching into petition A and B schedule properties.
Case Type
Injunction
Final Judgment
No
The court has granted an interim injunction to prevent the defendants from encroaching on the petitioner's properties until further orders.
Why Plaintiff Won:
The plaintiffs established a prima facie case demonstrating that allowing the delay in issuing notice would defeat the purpose of the suit.
The plaintiffs established a prima facie case demonstrating that allowing the delay in issuing notice would defeat the purpose of the suit.
Losing Side's Weaknesses:
The plaintiffs established a prima facie case demonstrating that allowing the delay in issuing notice would defeat the purpose of the suit.
The plaintiffs established a prima facie case demonstrating that allowing the delay in issuing notice would defeat the purpose of the suit.
Supporting Evidence
I am satisfied that, a prima facie case is made out and the delay in issuing notice in this I.A will defeat the very purpose of the suit.
Judgment Evidence:
Hence the respondents are restrained from encroaching into petition A and B schedule properties and further restrained from committing any act of waste therein until further orders.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- A. Shahjahan
- Party Age
- 58
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Sajid. B.
- Party Age
- 37
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Sabu Muhammed Nina
- Party Age
- 43
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Shaji
- Party Age
- 56
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Krishna Kumar
- Party Age
- 53
- Relation
- S/o
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. A. Shaheer
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. N. Jain
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Injunction
Outcome:
Granted
Description:
Respondents are restrained from encroaching into petition A and B schedule properties and further restrained from committing any act of waste therein until further orders.
Evidence:
If ad-interim injunction is not granted, irreparable injury will be caused to the petitioners. Hence the respondents are restrained from encroaching into petition A and B schedule properties and further restrained from committing any act of waste therein until further orders.
Relief Type:
Injunction
Outcome:
Granted
Description:
Respondents are further restrained from widening the pathway on the eastern side of petition A and B schedule properties by encroaching into petition A and B schedule properties until further orders.
Evidence:
Respondents are further restrained from widening the pathway on the eastern side of petition A and B schedule properties by encroaching into petition A and B schedule properties until further orders.
Documents & Evidence
Case Classification
Case Type
Injunction
Category
Other Civil Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiffs Court, Varkala
Common Reasons
Case Code
Case between A. Shahjahan et al vs Shaji et al regarding injunction
Case Code Year
Case between A. Shahjahan et al vs Shaji et al regarding injunction