Case Summary
B. Bhasi, the plaintiff, seeks a temporary injunction against Udayan and others to prevent them from demolishing and obstructing the reconstruction of a compound wall on his property. The plaintiff claims ownership and possession of the property while the defendants contest the claims.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The respondents and their men are restrained from demolishing the remaining portion of the compound wall of the plaint schedule properties.
Case Type
Injunction
Final Judgment
No
The court allowed the plaintiff's request for a temporary injunction restraining the defendants from demolishing the remaining portion of the compound wall until the suit is disposed. The second application for injunction was dismissed.
Why Plaintiff Won:
The plaintiff established a prima facie case of possession and ownership of the property.
The plaintiff established a prima facie case of possession and ownership of the property.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
According to the plaintiff he is the owner in possession of plaint schedule properties, which situates within well defined compound walls on all sides. The plaintiff put forth an apprehension that the defendants are trying to demolish the remaining portion of the compound wall.
Judgment Evidence:
Hence, I am of the view that an interim injunction order is to be passed against the respondents, restraining them from demolishing the remaining portion of the southern boundary wall of plaint schedule properties. Thus, points 1 to 3 are answered accordingly.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- B. Bhasi
- Party Age
- 64
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Udayan
- Party Age
- 70
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Upendrakumar
- Party Age
- 65
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sathyadevan
- Party Age
- 60
- Relation
- S/o
Plaintiffs Documents
Photo Copy of Gift deed No.964 of Eravipuram Sub Register Office, Copy of Tax receipt issued from Mundakkal village office, Copy of Location Sketch issued from Mundakkal Village Office
Defendants Documents
Reply Notice (Copy) to Assistant Engineer, Kollam Muncipal Corporation, Letter No.TPEZ/1758/23 from Kollam Muncipal Corporation
Advocates
- Party Role
- Plaintiff
- Advocate Name
- K.P Gopalakrishnapillai
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Kishore.P
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Temporary Injunction
Outcome:
Granted
Description:
To restrain the defendants from demolishing the remaining portion of the compound wall.
Evidence:
IA 01/2023 is allowed as follows: The respondents and their men are restrained from demolishing the remaining portion of the compound wall of the plaint schedule properties on its any side and from committing any waste therein, until the disposal of the suit.
Relief Type:
Temporary Injunction
Outcome:
Not Decided
Description:
To restrain the defendants from causing any obstruction to the plaintiff in reconstructing the demolished portion of the compound wall.
Evidence:
IA 02/2023 is dismissed.
Documents & Evidence
Document Type:
Gift Deed
Submitted By:
Plaintiff
Relevance:
Proves ownership and possession of the plaint schedule property.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Supports the claim of ownership and tax payment for the plaint schedule property.
Reference:
Ext.A2
Document Type:
Location Sketch
Submitted By:
Plaintiff
Relevance:
Clarifies the layout and boundaries of the plaint schedule property.
Reference:
Ext.A3
Document Type:
Reply Notice
Submitted By:
Defendant
Relevance:
Responds to issues regarding the encroachment and construction.
Reference:
Ext.B1
Document Type:
Letter from Kollam Municipal Corporation
Submitted By:
Defendant
Relevance:
Addresses the notice issued regarding the encroachment on drainage.
Reference:
Ext.B2
Document Type:
Photos
Submitted By:
Defendant
Relevance:
Visual evidence supporting the defendants' claims regarding property condition.
Reference:
Ext.B3
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Details findings regarding the plaint schedule property as examined by the commission advocate.
Reference:
Ext.C1
Case Classification
Case Type
Injunction
Category
Injunction and Access Rights
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Encroachment of drainage
Case Code
Case between B. Bhasi vs Udayan et al regarding Temporary injunction
Case Code Year
Case between B. Bhasi vs Udayan et al regarding Temporary injunction