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
Judgment Favored
Plaintiff
Relief Granted
Ad interim order of injunction made absolute.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The plaintiffs demonstrated a prima facie case and were likely to suffer irreparable loss if the injunction was not granted.
The plaintiffs demonstrated a prima facie case and were likely to suffer irreparable loss if the injunction was 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
Plaintiffs
C.J.Mary (61 years)
2/132, Thanivelil house, Kumbalam, Panangad P.O, Ernakulam District, Pin – 682 506.
T.J.Thomas (69 years)
2/132, Thannivelil house, Kumbalam, Panangad P.O, Ernakulam Distrcit,Pin – 682 506.
Defendants
Shaju K.R (45 years)
Manapozhil house, Panangad P.O, Ernakulam District, Pin – 682 506.
Ajith Velakadavil (65 years)
Velakadavil house, Panangad P.O, Ernakulam District, Pin – 682 506.
Abdul Salam (50 years)
Bappi colony Panangad P.O, Ernakulam District, Pin – 682 506.
Sreedharan (60 years)
Panangad P.O, Ernakulam District, Pin – 682 506.
Mohanan (56 years)
Nadakkal house, Panangad P.O, Ernakulam District, Pin – 682 506.
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