Case Summary
Bijin P J filed a petition seeking a temporary injunction against Shaina K B and Sudarshan to prevent them from alienating a property he claims to be in an agreement for sale. The respondents deny the existence of such an agreement and assert their ownership.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court dismissed the petition for temporary injunction, concluding that the petitioner failed to establish a prima facie case. The balance of convenience also favored the respondents.
Key Reasoning:
The petitioner failed to demonstrate a prima facie case or the requisite legal basis for the injunction.
The petitioner failed to demonstrate a prima facie case or the requisite legal basis for the injunction.
Why Defendant Won:
The petitioner failed to demonstrate a prima facie case or the requisite legal basis for the injunction.
The petitioner failed to demonstrate a prima facie case or the requisite legal basis for the injunction.
Supporting Evidence
The court found that the petitioner did not provide evidence supporting the claim of part performance of the agreement or the payment of the advance amount.
Judgment Evidence:
In the result, 1) Petition is dismissed. 2) Considering the facts and circumstances of the case, parties are directed to bear their respective costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Bijin P J
- Party Age
- 38
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Shaina K B
- Party Age
- 61
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Sudarshan
- Party Age
- 35
- Relation
- S/o
Plaintiffs Documents
Notarized copy of the agreement executed between plaintiff and defendants, Notarized copy of the Document No: 2269/1992 of Edappally SRO
Defendants Documents
Original Bank Savings account pass book in the name of Shaina Sunil, Original Bank Savings account pass book in the name of Sudarshan
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Luke J Chirayil
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Navaneeth Krishnan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- M N Sarasa
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Vandana Asokan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Tinu T Joseph
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Temporary Injunction
Outcome:
Refused
Description:
The petitioner sought a temporary prohibitory injunction restraining the respondents from alienating the petition schedule property.
Evidence:
The court found that the petitioner has failed to establish a prima facie case in his favour.
Documents & Evidence
Document Type:
Sale Agreement
Submitted By:
Plaintiff
Relevance:
This document is the sale agreement dated 17.02.2025 alleged to be executed between the petitioner and respondents concerning the sale of the plaint schedule property.
Reference:
Ext.A1
Document Type:
Document
Submitted By:
Plaintiff
Relevance:
This document is a notarized copy of the Document No. 2269/1992 of Edappally SRO, providing the legal basis for the property in dispute.
Reference:
Ext.A2
Document Type:
Document
Submitted By:
Plaintiff
Relevance:
This is a certified copy of Document No. 2551/1978 of Tripunithura SRO, relevant to the property.
Reference:
Ext.A3
Document Type:
Document
Submitted By:
Plaintiff
Relevance:
This is a certified copy of Document No. 1206/1972 of Tripunithura SRO, relevant to the property.
Reference:
Ext.A4
Document Type:
Possession Certificate
Submitted By:
Plaintiff
Relevance:
This document is a notarized copy of the possession certificate issued by Poonithura Village Office.
Reference:
Ext.A5
Document Type:
Location Plan Certificate
Submitted By:
Plaintiff
Relevance:
This document is a notarized copy of the location plan certificate issued by Village Officer Poonithura.
Reference:
Ext.A6
Document Type:
Thandaper Account
Submitted By:
Plaintiff
Relevance:
This is a notarized copy of the Thandaper account having Thandaper Account No. 36909.
Reference:
Ext.A7
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
This document is a notarized copy of the land tax receipt with No. KL07022019063/2024.
Reference:
Ext.A8
Document Type:
Building Tax Receipt
Submitted By:
Plaintiff
Relevance:
This is a true copy of the building tax receipt no. R-C 070100-24013109 issued by Kochi Municipal Corporation.
Reference:
Ext.A9
Document Type:
Bank Savings Account Passbook
Submitted By:
Defendant
Relevance:
This is the original bank savings account passbook in the name of Shaina Sunil, showing the account details of the first respondent.
Reference:
Ext.B1
Document Type:
Bank Savings Account Passbook
Submitted By:
Defendant
Relevance:
This is the original bank savings account passbook in the name of Sudarshan, showing the account details of the second respondent.
Reference:
Ext.B2
Document Type:
Death Certificate
Submitted By:
Defendant
Relevance:
This is the death certificate of Vijayakumar issued by Thrissur Municipal Corporation, relevant for context.
Reference:
Ext.B3
Document Type:
Power of Attorney
Submitted By:
Defendant
Relevance:
This is a photocopy of Power of Attorney No. 666/4/2024 of SRO, Ernakulam, related to property management.
Reference:
Ext.B4
Document Type:
Power of Attorney Cancellation Deed
Submitted By:
Defendant
Relevance:
This is the Power of Attorney cancel deed no. 248/IV/2025 of SRO, Ernakulam, significant for the case.
Reference:
Ext.B5
Document Type:
FIR
Submitted By:
Defendant
Relevance:
This is a certified copy of the FIR in Cr 1205/2024 of Palarivattom Police Station, indicating criminal context related to the second respondent.
Reference:
Ext.B6
Document Type:
Scene Mahasar
Submitted By:
Defendant
Relevance:
This document is the scene Mahasar in Cr 1205/2024, relevant for the case.
Reference:
Ext.B7
Document Type:
Charge Sheet
Submitted By:
Defendant
Relevance:
This is the charge sheet in C C 267/2025, FIR No: 1205/2024 and final report, consisting of 24 pages.
Reference:
Ext.B8
Document Type:
Commission Report
Submitted By:
Court
Relevance:
This document is the commission report in IA 4/2025, used as evidence in the hearing.
Reference:
Ext.C1
Document Type:
Photographs
Submitted By:
Court
Relevance:
These photographs were submitted for the commission report in IA 4/2025.
Reference:
Ext.C1(a)
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 Bijin P J vs Shaina K B et al regarding temporary injunction
Case Code Year
Case between Bijin P J vs Shaina K B et al regarding temporary injunction
Case Flags
Imprisonment Involved
Imprisonment Duration
47 days