Case Summary
Ashok Borana, the plaintiff, filed a petition to execute an injunction order against K.S Santhosh and Claris M.J to remove a car obstructing access to his shop. The plaintiff alleges that the defendants have failed to comply with previous court orders regarding his peaceful possession of the plaint schedule property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants are directed to remove the car parked in front of the plaint schedule building.
Case Type
Civil Suit
Final Judgment
No
The court allowed the petition for execution and directed the defendants to remove the obstructing vehicle from in front of the plaintiff's shop by the specified date. Failure to comply will allow the plaintiff to seek court assistance for removal.
Why Plaintiff Won:
The defendants failed to comply with prior court orders and obstructed the plaintiff's access.
The defendants failed to comply with prior court orders and obstructed the plaintiff's access.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
Considering the consistent attitude of the defendants in not obeying the orders passed by this court either in IA 2/2025, IA 6/2025 or the interim order passed in this IA on 26.08.2025, I am of the opinion that execution of the order cannot be had otherwise than by directing the respondents to remove the car parked in front of the plaint schedule building.
Judgment Evidence:
The petition is so allowed. The respondents are directed to remove the car parked in front of the plaint schedule building on or before 19.09.2025.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Ashok Borana
- Party Age
- 55
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- K.S Santhosh
- Party Age
- 62
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Claris M.J
- Party Age
- 49
- Relation
- W/o
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Reji George
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Adwaid S. Mampilly
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Saisankar S
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Joseph Raju Mathews
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Parvathy Girish
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Joseph Shylan T. M
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Rahibk Y
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Ajmal Khan C.P
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Aynosh Michael P. S
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Mandatroy Injunction
Outcome:
Granted
Description:
Direction to the respondents to remove the car parked in front of the plaint schedule building.
Evidence:
The petition is so allowed. The respondents are directed to remove the car parked in front of the plaint schedule building on or before 19.09.2025.
Documents & Evidence
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Marked for consideration regarding the parking issue affecting access to the plaint schedule property.
Reference:
Ext.C1
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between Ashok Borana vs K.S Santhosh et al regarding execution of injunction order.
Case Code Year
Case between Ashok Borana vs K.S Santhosh et al regarding execution of injunction order.