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
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.
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
Plaintiffs
Bijin P J (38 years)
Pazhekattu House, Edakochi Village, Kochi Taluk, Edakochi Muri, Ernakulam District, Kerala, Pin-682010
Defendants
Shaina K B (61 years)
Pandarapprambil House, Edappally South Village, Kanayannur Taluk, Mamangalam Kara, Ernakulam District, Kerala, Pin-682021
Sudarshan (35 years)
Pandarapparambil House, Edappally South Village, Kanayannur Taluk, Mamangalam Kara, Ernakulam District, Kerala, Pin-682021
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)