OS.No.182/2024

Case between The Deity, Pavoor Thekkathil Sree Bhadra Devi Temple et al vs K.K.Vijayan regarding Injunction

Court

COURT OF THE ADDITIONAL MUNSIFF, KOLLAM

Judge

Smt. Sofia.T.A.

Order Date

2025-04-11

Duration

Case Code No.

182

Case Closed

Judgement document from eCourt website

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Case Summary

This case involves a petition for a permanent prohibitory injunction by the petitioners, who are representatives of a temple, against the defendant concerning the unauthorized leasing of an auditorium. The plaintiffs claim the lease would adversely affect the temple's atmosphere and may pose health risks due to stored plastic waste.

Judgment Outcome

Defendant Won

Interim Order

The court dismissed the petition for a permanent prohibitory injunction filed by the plaintiffs, stating that they did not establish a prima facie case for the requested relief.

Judgment Favored

Defendant

Relief Granted

Case Type

Injunction

Final Judgment

The court dismissed the petition for a permanent prohibitory injunction filed by the plaintiffs, stating that they did not establish a prima facie case for the requested relief.

Key Reasoning:
The court found that the petitioners did not have a strong enough case for an interim injunction and that the balance of convenience favored the defendant.

Why Defendant Won:
Not available

Supporting Evidence

Reckoning all these relevant facts, I am of the definite opinion that the scale balance of convenience tilts against the granting of an injunction, as sought for, weighed with any standard.

Judgment Evidence:

In the result, the petition was dismissed without costs.

Parties Involved

Parties

Party Role: Plaintiff
Party Name: The Deity, Pavoor Thekkathil Sree Bhadra Devi Temple

Party Role: Plaintiff
Party Name: Suresh Kumar
Party Age: 59
Relation: S/o

Party Role: Defendant
Party Name: K.K.Vijayan
Party Age: 75
Relation: S/o

Plaintiffs Documents

Notarized copy of Settlement deed No.7014/1119 (Malayalam Era), Notarized copy of Minutes book page of Secretary selection.

Defendants Documents

Advocates

Party Role: Plaintiff
Advocate Name: Athira.S.Chandran
Appearance Type: Main Counsel

Party Role: Defendant
Advocate Name: K.G.Bindhu
Appearance Type: Main Counsel

Reliefs

Relief Type: Permanent Injunction

Outcome: Refused

Description:

The petitioners sought a permanent prohibitory injunction restraining the defendant from leasing out his auditorium for storing plastic wastes and from obstructing the pathway leading to the plaintiff temple.

Evidence:

Reckoning all these relevant facts, I am of the definite opinion that the scale balance of convenience tilts against the granting of an injunction, as sought for, weighed with any standard.

Documents & Evidence

Document Type: Notarized copy of Settlement deed

Submitted By: Plaintiff

Relevance:

This document was marked from the side of the petitioners as evidence.

Reference:

Ext.A1

Document Type: Notarized copy of Minutes book page of Secretary selection