Case Summary
Syamji, the petitioner, has filed a petition against Preetha and others, seeking a temporary injunction to stop construction on adjacent property. The petitioner claims that the construction will cause damage to his property and is proceeding without the necessary permits.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
A temporary injunction is granted in favour of the petitioner restraining respondents from making any constructions.
Case Type
Civil Suit
Final Judgment
No
The court granted a temporary injunction preventing the respondents from continuing construction activities in the plaint B schedule property until the suit is resolved.
Why Plaintiff Won:
The petitioner demonstrated a prima facie case and showed that the construction would cause irreparable harm to his property.
The petitioner demonstrated a prima facie case and showed that the construction would cause irreparable harm to his property.
Losing Side's Weaknesses:
The petitioner demonstrated a prima facie case and showed that the construction would cause irreparable harm to his property.
The petitioner demonstrated a prima facie case and showed that the construction would cause irreparable harm to his property.
Supporting Evidence
From the above discussion, this court is having no hesitation to conclude that the petitioner is having prima facie case and balance of convenience is also in favour 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 respondents are restrained from making any constructions in the plaint B schedule property till the disposal of the suit.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Syamji
- Party Age
- 50
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Preetha
- Party Age
- 56
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Sobha
- Party Age
- 54
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Sushin
- Party Age
- 52
- Relation
- S/o
Plaintiffs Documents
Copy of sale deed No. 4465/2004, Tax receipt, Acknowledgment issued Varkala Municipality, Receipt from Collectorate, Photographs.
Defendants Documents
Letter from Varkala Municipality, Building permit, Building plan.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. C. Sajichandralal
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. S. Sunil
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Temporary Injunction
Outcome:
Granted
Description:
Petitioner sought to restrain respondents from making any constructions in plaint B schedule property.
Evidence:
In the result, the petition is allowed as follows: 1. A temporary injunction is granted in favour of the petitioner and respondents are restrained from making any constructions in the plaint B schedule property till the disposal of the suit.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Proof of ownership of the plaint A schedule property.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Evidence of tax payment related to the plaint A schedule property.
Reference:
Ext.A2
Document Type:
Acknowledgment
Submitted By:
Plaintiff
Relevance:
Acknowledgment from the Varkala Municipality regarding the petitioner's complaint.
Reference:
Ext.A3
Document Type:
Receipt
Submitted By:
Plaintiff
Relevance:
Receipt from the Collectorate indicating a complaint filed.
Reference:
Ext.A4
Document Type:
Photographs
Submitted By:
Plaintiff
Relevance:
Visual evidence submitted by the petitioner.
Reference:
Ext.A5
Document Type:
Compact Disc and photo
Submitted By:
Plaintiff
Relevance:
Additional visual evidence submitted by the petitioner.
Reference:
Ext.A6
Document Type:
Complaint
Submitted By:
Plaintiff
Relevance:
Complaint filed under the Right to Information Act.
Reference:
Ext.A7
Document Type:
Acknowledgment
Submitted By:
Plaintiff
Relevance:
Acknowledgment from the Varkala Municipality regarding the petitioner's RTI complaint.
Reference:
Ext.A8
Document Type:
Reply
Submitted By:
Plaintiff
Relevance:
Response under the Right to Information Act.
Reference:
Ext.A9
Document Type:
Stop Memo
Submitted By:
Plaintiff
Relevance:
Stop memo issued by the Municipality against the respondents.
Reference:
Ext.A10
Document Type:
Letter
Submitted By:
Defendant
Relevance:
Letter from Varkala Municipality regarding permit approval.
Reference:
Ext.B1
Document Type:
Building Permit
Submitted By:
Defendant
Relevance:
Permit granted by the Municipality for construction.
Reference:
Ext.B2
Document Type:
Building Plan
Submitted By:
Defendant
Relevance:
Plan submitted for the proposed construction.
Reference:
Ext.B3
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Report submitted by the court commissioner.
Reference:
Ext.C1
Document Type:
Rough Plan
Submitted By:
Court
Relevance:
Preliminary plan submitted by the court commissioner.
Reference:
Ext.C1(a)
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiffs Court, Varkala
Common Reasons
Case Code
OS
Case Code Year
2025