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O.S No. 606/2025

Case between C.J.Mary vs Shaju K.R et al regarding property dispute.

Court
The Court of the Munsiff, Ernakulam
Judge
Sri. Nanda Krishna M.
Order Date
2025-07-31
Duration
approximately-2 years 10 months
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

C.J.Mary and T.J.Thomas, the plaintiffs, are seeking an injunction against Shaju K.R and others, claiming encroachment on their property. The case involves disagreements over the ownership and use of land adjacent to the Cheppanam Kayal.

Judgment Outcome

Plaintiff Won
Interim Order
The court found in favor of the plaintiffs, granting an ad interim order of injunction to prevent the defendants from altering the property in question. The plaintiffs demonstrated a prima facie case of possible irreparable loss if the injunction was not granted.
Judgment Favored
Plaintiff
Relief Granted
Ad interim order of injunction made absolute.
Case Type
Civil Suit
Final Judgment
No
The court found in favor of the plaintiffs, granting an ad interim order of injunction to prevent the defendants from altering the property in question. The plaintiffs demonstrated a prima facie case of possible irreparable loss if the injunction was not granted.
Why Plaintiff Won:
The plaintiffs demonstrated a prima facie case and were likely to suffer irreparable loss if the injunction was not granted.
Losing Side's Weaknesses:
The plaintiffs demonstrated a prima facie case and were likely to suffer irreparable loss if the injunction was not granted.
Supporting Evidence
The balance of convenience in granting the equitable relief of injunction is clearly in favor of the petitioner and it is reasonably satisfied that the petitioners might suffer irreparable loss and hardship if the relief as sought for is not granted.

Judgment Evidence:

In the result, the petition is allowed ad interim order of injunction dated 20.06.2025 is hereby made absolute.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
C.J.Mary
Party Age
61
Relation
W/o T.J.Thomas
Party Role
Plaintiff
Party Name
T.J.Thomas
Party Age
69
Relation
S/o Joseph
Party Role
Defendant
Party Name
Shaju K.R
Party Age
45
Relation
S/o Raju
Party Role
Defendant
Party Name
Ajith Velakadavil
Party Age
65
Relation
S/o Shankarakutty Menon
Party Role
Defendant
Party Name
Abdul Salam
Party Age
50
Party Role
Defendant
Party Name
Sreedharan
Party Age
60
Relation
S/o Madhavan
Party Role
Defendant
Party Name
Mohanan
Party Age
56
Relation
S/o Govindan
Plaintiffs Documents
Sale Deed No. 1324/2004, Land tax receipt bearing Tandapper no. 3693, Copy of the Judgment in WP(c) no. 37272/2023, Copy of the notice issued by the Secretary, Kumbalam Grama Panchayath.
Defendants Documents
True copy of complaints submitted by the members of the Bappi colony before the Kumbalam Grama Panchayath, True copy of the notice issued by the Kanayannur Taluk Office.

Advocates

Party Role
Plaintiff
Advocate Name
Abraham K John
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Uthara Asokan
Appearance Type
Assisting Counsel
Party Role
Plaintiff
Advocate Name
Nithyakala
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
C.S.Ajith Prakash
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
T.K.Devarajan
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
Ancy Thankachan
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
Krishnendu D
Appearance Type
Assisting Counsel

Reliefs

Relief Type: Injunction
Outcome: Granted
Description:
The plaintiffs requested an interim injunction to prevent the respondents from altering the plaint A schedule property.
Evidence:
Hence the point is found in favor of the petitioner and the petition is allowed. Ad interim order of injunction dated 20.06.2025 is hereby made absolute.

Documents & Evidence

Document Type: Sale deed
Submitted By: Plaintiff
Relevance:
This document establishes the 1st plaintiff's ownership of the plaint A schedule property.
Reference:
Ext.A1
Document Type: Tax receipt
Submitted By: Plaintiff
Relevance:
This document shows that the plaintiffs are paying land tax for the property.
Reference:
Ext.A2
Document Type: Court Judgment
Submitted By: Plaintiff
Relevance:
This judgment challenged a demolition notice issued against the plaintiffs.
Reference:
Ext.A3
Document Type: Notice
Submitted By: Plaintiff
Relevance:
This notice was issued by the Secretary of Kumbalam Grama Panchayath regarding alleged encroachment.
Reference:
Ext.A4
Document Type: Notice
Submitted By: Plaintiff
Relevance:
This notice details the scheduled measurement of the plaint A schedule property.
Reference:
Ext.A5
Document Type: Photographs
Submitted By: Plaintiff
Relevance:
These photographs depict the plaint A schedule property.
Reference:
Ext.A6
Document Type: Photograph
Submitted By: Defendant
Relevance:
This photograph shows alleged additional constructions made without permission.
Reference:
Ext.B1
Document Type: Complaint
Submitted By: Defendant
Relevance:
This complaint was submitted by Bappi colony residents before the Kumbalam village office.
Reference:
Ext.B2
Document Type: Complaint
Submitted By: Defendant
Relevance:
This complaint was submitted by Bappi colony residents before the Kumbalam Grama Panchayath.
Reference:
Ext.B3
Document Type: Notice
Submitted By: Defendant
Relevance:
This notice was issued by the Kanayannur Taluk Office regarding the property.
Reference:
Ext.B4
Document Type: Commission Report
Submitted By: Court
Relevance:
This report provides findings from the survey of the plaint A 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 C.J.Mary vs Shaju K.R et al regarding property dispute.
Case Code Year
Case between C.J.Mary vs Shaju K.R et al regarding property dispute.

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Case Closed
From
Tue, 07/01/2025 - 12:00
To
Thu, 07/31/2025 - 12:00
Outcome Confidence
80%

Involved Entities

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