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OS.No.131/2025

Case between T. Sathyan vs T.V. Bahulayan Panicker regarding an injunction.

Court
COURT OF ADDITIONAL MUNSIFF (RCC)
Judge
Smt.Salini.B
Order Date
2025-01-24
Duration
Case Code No.
131
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

The case involves a petition filed by T. Sathyan against T.V. Bahulayan Panicker. The petitioner seeks an injunction to prevent the defendant from obstructing access to his property.

Judgment Outcome

Plaintiff Won
Interim Order
The court granted an ad-interim injunction to the petitioner, preventing the defendant from making constructions that would obstruct access to the petitioner's property.
Judgment Favored
Plaintiff
Relief Granted
An ad-interim injunction restraining the defendant from making constructions that obstruct access.
Case Type
Injunction
Final Judgment
No
The court granted an ad-interim injunction to the petitioner, preventing the defendant from making constructions that would obstruct access to the petitioner's property.
Why Plaintiff Won:
The petitioner made out a prima facie case and delay in granting injunction would defeat the purpose.
Losing Side's Weaknesses:
The petitioner made out a prima facie case and delay in granting injunction would defeat the purpose.
Supporting Evidence
I am satisfied that the petitioner/ plaintiff has made out a prima facie case and that object of granting injunction would be defeated by delay if notice is issued before granting injunction.

Judgment Evidence:

Hence, an ad-interim injunction is granted restraining the counter petitioner/defendant and his henchmen from making any constructions annexing petition B schedule pathway thereby obstructing the ingress and egress to petition A schedule property through petition B schedule pathway by the petitioner until further orders.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
T. Sathyan
Party Age
59
Relation
S/o
Party Role
Defendant
Party Name
T.V. Bahulayan Panicker
Party Age
68
Relation
S/o
Plaintiffs Documents
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Sri. G.S. Rajeev Chempakassery
Appearance Type
Main Counsel

Reliefs

Relief Type: Injunction
Outcome: Granted
Description:
Ad-interim injunction restraining the counter petitioner and his henchmen from making any constructions annexing petition B schedule pathway.
Evidence:
an ad-interim injunction is granted restraining the counter petitioner/defendant and his henchmen from making any constructions annexing petition B schedule pathway thereby obstructing the ingress and egress to petition A schedule property through petition B schedule pathway by the petitioner until further orders.

Documents & Evidence

Document Type: Affidavit
Submitted By: Plaintiff
Relevance:
The affidavit was perused by the court to determine the prima facie case.
Reference:
Document Type: Plaint
Submitted By: Plaintiff
Relevance:
The plaint was perused by the court to determine the prima facie case.
Reference:

Case Classification

Case Type
Injunction
Category
Other Civil Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Case Code
OS.NO.
Case Code Year
2025

Quick Facts

Location
THIRUVANANTHAPURAM
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Case Filed
Case Closed
From
Wed, 01/01/2025 - 12:00
To
Fri, 01/31/2025 - 12:00
Outcome Confidence
90%

Involved Entities

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