Case Summary
The plaintiffs Anu Sankar and his wife Reshma Nadh, along with Srijith M.S., are seeking an injunction against Sagar Constructions Technologies and its representatives, who are allegedly attempting to construct a wall that encroaches upon a pathway owned by the plaintiffs. The case involves disputes over property rights and access to pathways.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Order to maintain status quo regarding the property.
Case Type
Civil Suit
Final Judgment
No
The court has directed the parties to maintain the status quo regarding the property until the final disposal of the suit, indicating a temporary relief for the plaintiffs.
Why Plaintiff Won:
The petitioners demonstrated a prima facie case and the balance of convenience favored them.
The petitioners demonstrated a prima facie case and the balance of convenience favored them.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The petitioners have a prima facie case and balance of convenience is also in favour of petitioners.
Judgment Evidence:
In the result this application is disposed by directing the parties to maintain status quo as per Ext.C1 report till the final disposal of the suit.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Anu Sankar
- Party Age
- 39
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Reshma Nadh V.R
- Party Age
- 33
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Srijith M.S.
- Party Age
- 38
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sagar Constructions Technologies
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Sarath Sasankan
- Party Age
- 38
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Geetha
- Party Age
- 65
- Relation
- M/o
- Party Role
- Defendant
- Party Name
- Corporation of Thiruvananthapuram
- Relation
- Represented by
Plaintiffs Documents
Copy of Sale deed No. 3339/18 of SRO, Kazhakuttom, Tax Receipt, Copy of Sale deed No. 155/2018, Tax Receipt, Stop Memo.
Defendants Documents
Receipts.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.Rajaprathap.S.J
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. N.C.Priyan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. B.Vasudevan Nair
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Application to restrain the respondents from trespassing into plaint C schedule and constructing the compound wall.
Evidence:
Considering the nature of dispute and the documents produced, I am of the opinion that it is necessary in the interest of justice to pass a status quo as per Ext.C1 report in the interest of justice.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Copy of Sale deed No. 3339/18 of SRO, Kazhakuttom showing the purchase of plaint A schedule property.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Tax receipt dated 23/07/2021 pertaining to plaint A schedule property.
Reference:
Ext.A2
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Copy of Sale deed No. 155/2018 of SRO, Kazhakuttom showing the purchase of plaint B schedule property.
Reference:
Ext.A3
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Tax receipt dated 25/05/2022 pertaining to plaint B schedule property.
Reference:
Ext.A4
Document Type:
Stop Memo
Submitted By:
Plaintiff
Relevance:
Stop memo dated 07/12/2023 issued by the Corporation of Thiruvananthapuram regarding unlawful construction.
Reference:
Ext.A5
Document Type:
Receipts
Submitted By:
Defendant
Relevance:
Receipts related to the complaint filed by the defendant regarding construction.
Reference:
Ext.B1
Document Type:
Receipts
Submitted By:
Defendant
Relevance:
Receipts related to another complaint filed by the defendant regarding construction.
Reference:
Ext.B2
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report detailing the status and ownership of the plaint schedule properties.
Reference:
Ext.C1
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Case Code
Case between Anu Sankar et al vs Sagar Constructions Technologies et al regarding injunction
Case Code Year
Case between Anu Sankar et al vs Sagar Constructions Technologies et al regarding injunction