Case Summary
The plaintiffs, Ambili and Sasankan, are seeking a permanent prohibitory injunction to prevent the defendants from trespassing on their property. The case involves previous decrees and claims regarding property ownership.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Injunction
Final Judgment
No
The court dismissed the petition for injunction, finding that the plaintiffs approached the court with unclean hands and suppressed material facts related to prior ongoing litigations over the property.
Key Reasoning:
The plaintiffs did not establish a prima facie case due to previous undisclosed litigations.
The plaintiffs did not establish a prima facie case due to previous undisclosed litigations.
Why Defendant Won:
Not available
Not available
Supporting Evidence
The plaintiffs cannot be held to have set up a prima facie case. It cannot be held that the Plaintiffs have a prima facie case to obtain an interim injunction, as sought for. These matters are considered only after taking evidence.
Judgment Evidence:
In the result, this petition is dismissed, and the interim injunction granted is hereby vacated. Plaintiffs are directed to pay the costs of this application to the Defendants.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Ambili
- Party Age
- 55
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Sasankan
- Party Age
- 57
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Beena
- Party Age
- 58
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Bindhu
- Party Age
- 57
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Asha
- Party Age
- 55
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Vinod
- Relation
- S/o
Plaintiffs Documents
Copy of Sale deed No.1280/16 of Thevalakkara SRO, Land Tax receipt issued from Mandrothuruth Village Office, Copy of Sale deed No.1403/03 of Thevalakkara SRO, Land Tax receipt issued from Mandrothuruth Village.
Defendants Documents
Copy of Order in IA 2405/13 in OS 696/13 of Additional Munsiff Court, Kollam, Order in IA 1/21 in OS 765/2020 of Principal Munsiff Court, Kollam, Copy of Preliminary Decree in OS 71/12 of Principal Munsiff Court, Kollam.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Panambil.S.Jayakumar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. V.Jyothi Sagar
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Refused
Description:
Plaintiffs sought a permanent prohibitory injunction against the defendants.
Evidence:
The petitioners cannot be held to have set up a prima facie case.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Copy of Sale deed No.1280/16 of Thevalakkara SRO.
Reference:
Ext.A1
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Land Tax receipt issued from Mandrothuruth Village Office.
Reference:
Ext.A2
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Copy of Sale deed No.1403/03 of Thevalakkara SRO.
Reference:
Ext.A3
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Land Tax receipt issued from Mandrothuruth Village.
Reference:
Ext.A4
Document Type:
Order
Submitted By:
Defendant
Relevance:
Copy of Order in IA 2405/13 in OS 696/13 of Additional Munsiff Court, Kollam.
Reference:
Ext.B1
Document Type:
Order
Submitted By:
Defendant
Relevance:
Order in IA 1/21 in OS 765/2020 of Principal Munsiff Court, Kollam.
Reference:
Ext.B2
Document Type:
Preliminary decree
Submitted By:
Defendant
Relevance:
Copy of Preliminary Decree in OS 71/12 of Principal Munsiff Court, Kollam.
Reference:
Ext.B3
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission Report prepared and submitted by Advocate Commissioner Akhil.B.
Reference:
Ext.C1 series
Case Classification
Case Type
Injunction
Category
Other Civil Cases
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Case Code
Case between Ambili et al vs Beena et al regarding Injunction
Case Code Year
Case between Ambili et al vs Beena et al regarding Injunction