Case Summary
The case involves plaintiffs Suni.P and her children seeking a permanent prohibitory injunction against the defendant Sajeev.N. They are disputing the boundaries of a shared property after an attempt by the defendant to demolish a building located on it.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Interim order of injunction restraining the defendant from demolishing any portion of the building.
Case Type
Civil Suit
Final Judgment
No
The court granted the plaintiffs an injunction restraining the defendant from demolishing any portion of the building until further orders.
Why Plaintiff Won:
The court found a prima facie case and balance of convenience in favor of the plaintiffs due to the risk of irreparable injury.
The court found a prima facie case and balance of convenience in favor of the plaintiffs due to the risk of irreparable injury.
Losing Side's Weaknesses:
The court found a prima facie case and balance of convenience in favor of the plaintiffs due to the risk of irreparable injury.
The court found a prima facie case and balance of convenience in favor of the plaintiffs due to the risk of irreparable injury.
Supporting Evidence
It is submitted by petitioners that there is an apprehension of demolition of the building is in existence...this court is of the view that there is prima facie case is in favour of the petitioners.
Judgment Evidence:
In the result, the IA is allowed as follows: The respondent is restrained from demolishing any portion of building vide TC No.94/3289 situated in A and B schedule property until further order.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Suni.P
- Party Age
- 57
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Suvitha
- Party Age
- 24
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Suvith
- Party Age
- 26
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sajeev.N
- Party Age
- 50
- Relation
- S/o
Plaintiffs Documents
Certified copy of settlement deed, Copy of Tax receipt, Copy of Tax Receipt, Copy of Prior deed
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. M.Anil Prasad
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.Sivakumar.A
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
The petitioners sought an injunction to prevent the defendant from demolishing their building.
Evidence:
The respondent is restrained from demolishing any portion of building vide TC No.94/3289 situated in A and B schedule property until further order.
Documents & Evidence
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Serves as a basis for the claim of ownership of the property by the petitioners.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Used to establish the relationship with the property.
Reference:
Ext.A2
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Used to establish the relationship with the property.
Reference:
Ext.A3
Document Type:
Prior deed
Submitted By:
Plaintiff
Relevance:
Used to show the prior ownership history related to the property.
Reference:
Ext.A4
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
2021