Case Summary
The plaintiffs, Antony K.A and others, are seeking a temporary injunction against the defendants, Xaviour M.R and others, to prevent them from constructing drainage through the plaintiffs' property. The plaintiffs allege that the defendants are attempting to encroach upon pathways they have rights over.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Temporary injunction granted.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The petitioners established a prima facie case and demonstrated that they would suffer irreparable harm without the injunction.
The petitioners established a prima facie case and demonstrated that they would suffer irreparable harm without the injunction.
Judgment Evidence:
Hence, the point is found in favour of the petitioners. The petition is allowed.
Parties Involved
Plaintiffs
Antony K.A (60 years years)
Kurishingal house, Mulavukad village, Kanayannur taluk, Pin – 682 504.
Sheela George (58 years years)
Pashniparambil house, Kadamkudi, Pizhala P.O, Pin – 682 027.
Margrate (51 years years)
Kotteparambil, Kadamakudi, Pizhala P.O, Pin – 682 027.
Allesh (90 years years)
Kurisingal house, Mulavukad P.O, Mulavukad village, Kanayannur taluk, Pin – 682 504.
Victoria (80 years years)
Kurisingal house, Mulavukad P.O, Mulavukad village, Kanayannur taluk, Pin – 682 504.
Defendants
Xaviour M.R (64 years years)
Marottiparambil, Mulavukad P.O, Mulavukad village, Kanayannur taluk, Pin – 682 504.
Joseph M.R (57 years years)
marottiparambil, Mulavukad P.O, Mulavukad village, Kanayannur taluk, Pin – 682 504.
Benny (60 years years)
Marottiparambil, Mulavukad P.O, Mulavluakd village, Kanayannur taluk, Pin – 682 504.
Joseph Shaji (58 years years)
Marottiparambil, Mulavukad P.O, Mulavukad village, Kanyannur taluk, Pin – 682 504.
Antony (90 years years)
Kurishingal house, Mulavukad P.O, Mulavukad village, Kanayannur taluk, Pin – 682 504.
Reliefs
Relief Type:
Injunction
Outcome:
Granted
Description:
Temporary injunction restraining the respondents from constructing drainage through plaint D to G schedule
Evidence:
Hence the point is found in favour of the petitioners. The petition is allowed.
Documents & Evidence
Document Type:
Document
Submitted By:
Plaintiff
Relevance:
Copy of document no. 1179/84 of SRO Ernakulam
Reference:
Ext.A1
Document Type:
Document
Submitted By:
Plaintiff
Relevance:
Copy of document no. 1537/98 of SRO Ernakulam
Reference:
Ext.A2
Document Type:
Document
Submitted By:
Plaintiff
Relevance:
Copy of document no. 229/23 of SRO Ernakulam
Reference:
Ext.A3
Document Type:
Document
Submitted By:
Plaintiff
Relevance:
Copy of document no. 4392/15 of SRO Ernakulam
Reference:
Ext.A4
Document Type:
Document
Submitted By:
Plaintiff
Relevance:
Copy of document no. 126/17 of SRO Ernakulam
Reference:
Ext.A5
Document Type:
Document
Submitted By:
Plaintiff
Relevance:
Copy of document no. 926/79 of SRO Ernakulam
Reference:
Ext.A6
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Copy of land tax receipt bearing Tandapper no. 9543 issued by Mulavukad Village Office
Reference:
Ext.A7
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Copy of land tax receipt bearing Tandapper no. 6727 issued by Mulavukad Village Office
Reference:
Ext.A8
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Copy of land tax receipt bearing Tandapper no. 7713 issued by Mulavukad Village Office
Reference:
Ext.A9
Document Type:
Judgment
Submitted By:
Defendant
Relevance:
Copy of Judgment in OS 1674/92 passed by the 2nd Additional Munsiff Court, Ernakulam
Reference:
Ext.B1
Document Type:
Decree
Submitted By:
Defendant
Relevance:
Copy of the Decree in OS 1674/92 passed by the 2nd Additional Munsiff Court, Ernakulam
Reference:
Ext.B2
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission Report filed by Adv.Najeena P.N, in IA 3/25 in OS 538/25
Reference:
Ext.C1