Case Summary
The petitioner, Thulaseedharan.B., filed a petition for a temporary prohibitory injunction against defendants Bindu and Geetha regarding an alleged trespass on his property. The case revolves around property ownership disputes and the right to construct on adjacent lands.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court vacated the ad interim injunction granted in favor of the plaintiff. The decision was based on the finding that the plaintiff had not made out a prima facie case.
Key Reasoning:
The balance of convenience lies in favor of the defendants, and the plaintiff failed to demonstrate a prima facie case.
The balance of convenience lies in favor of the defendants, and the plaintiff failed to demonstrate a prima facie case.
Why Defendant Won:
Not available
Not available
Supporting Evidence
It is further prima facie revealed that there is no property in existence in the spot as described as plaint A schedule property.
Judgment Evidence:
In the result, the ad interim injunction granted in IA.1/2022 dated 21.07.2022 is hereby vacated.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Thulaseedharan.B.
- Party Age
- 50
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Bindu
- Party Age
- 56
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Geetha
- Party Age
- 56
- Relation
- D/o
Plaintiffs Documents
Sale deed No.1871/2022, Sale deed No.3809/1981, Land Tax Receipt
Defendants Documents
Copy of Pokkuvaravu Details No-5879, Copy of Sale deed No-4071/2001
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.Thonnakkal G.Rajeev
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt. Aswani.P.S
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.Sony.A
- Appearance Type
- Main Counsel
- Bar Registration
- CP1
- Party Role
- Defendant
- Advocate Name
- Smt. Anjana Ashok
- Appearance Type
- Assisting Counsel
- Bar Registration
- CP2
- Party Role
- Defendant
- Advocate Name
- Smt. Anjali Ashok
- Appearance Type
- Assisting Counsel
- Bar Registration
- CP2
Reliefs
Relief Type:
Temporary Injunction
Outcome:
Refused
Description:
Request for an order of temporary prohibitory injunction to restrain the defendants from trespassing and construction.
Evidence:
Hence the petitioner has not made out a prima facie case, balance of convenience lies in favour of defendants and also irreparable injury will be caused to the defendants, if an ad interim injunction granted dated 21.07.2022 was made absolute.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Document showing the plaintiff's claim of ownership of the petition A schedule property.
Reference:
Ext.A1
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Document showing the history of ownership of the property connected to the plaintiff's claim.
Reference:
Ext.A2
Document Type:
Thandaper Kanakku
Submitted By:
Plaintiff
Relevance:
Document detailing property ownership and tax details related to the plaintiff's claim.
Reference:
Ext.A3
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Document evidencing tax payment for the property by the plaintiff.
Reference:
Ext.A4
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Document evidencing tax payment for the property by the plaintiff.
Reference:
Ext.A5
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Document evidencing tax payment for the property by the plaintiff.
Reference:
Ext.A6
Document Type:
RTI Reply
Submitted By:
Plaintiff
Relevance:
Series of documents detailing permits and approvals connected to the plaintiff's construction.
Reference:
Ext.A7
Document Type:
Pokkuvaravu Details
Submitted By:
Defendant
Relevance:
Document relating to the defendants' property claims.
Reference:
Ext.B1
Document Type:
Pokkuvaravu Details
Submitted By:
Defendant
Relevance:
Document relating to the defendants' property claims.
Reference:
Ext.B2
Document Type:
Copy of Proceedings
Submitted By:
Defendant
Relevance:
Document evidencing details regarding the property status of the defendants.
Reference:
Ext.B3
Document Type:
Reply from Tahasildar
Submitted By:
Defendant
Relevance:
Document giving the defendants' perspective on property claims.
Reference:
Ext.B4
Document Type:
Filed Sketch
Submitted By:
Defendant
Relevance:
Document used to outline and clarify property boundaries.
Reference:
Ext.B5
Document Type:
Filed Sketch
Submitted By:
Defendant
Relevance:
Document used to outline and clarify property boundaries.
Reference:
Ext.B6
Document Type:
Sale deed
Submitted By:
Defendant
Relevance:
Document showing history of ownership connected to the defendants' claims.
Reference:
Ext.B7
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Document providing findings of the commission related to property identification.
Reference:
Ext.C1
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Unauthorized occupation
Case Code
OS.NO.
Case Code Year
2022