O.S. No. 839/2023

Case between Ebin K. John et al vs Sheela Babu et al regarding temporary injunction

Court

THE COURT OF THE THIRD ADDL. MUNSIFF & RENT CONTROLLER

Judge

SMT. REEJA R. NAIR.

Order Date

2025-03-27

Duration

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Case Summary

The plaintiffs, Ebin K. John and Sony K. John, filed for a temporary injunction against the defendants, claiming rights over certain properties originally belonging to their grandfather. The defendants contest the plaintiffs' claims and assert that the properties belong to them.

Judgment Outcome

Defendant Won

Interim Order

The court denied the plaintiffs' request for a temporary injunction to prevent the defendants from encroaching on the properties. The plaintiffs were unable to establish a prima facie case.

Judgment Favored

Defendant

Relief Granted

Case Type

Civil Suit

Final Judgment

Key Reasoning:
The court found that the plaintiffs failed to demonstrate a prima facie case for the injunction and that no ownership rights were sufficiently established.

Judgment Evidence:

In the result, the petition is dismissed.

Parties Involved

Plaintiffs

Ebin K. John (28 years years) Edappalayil House, Chottanikkara, Kanayannur, Ernakulam District-682 312. Sony K. John (35 years years) Pandirikkal House, Koranchira, Arogyapuram, Palakkad-678 684.

Defendants

Sheela Babu (53 years years) Mariyampurathu, Brahmamangalam, Near A.M.H. School, Neerppara, Kottayam-686 605 Babu M.K. (56 years years) Mariyampurathu, Brahmamangalam, Near A.M.H. School, Neerppara, Kottayam-686 605 Beena Mathews (49 years years) Kannamparambil, Thiruvankulam, Kadungamangalam, Ernakulam-682 305. K.C. Mathew (54 years years) Kannamparambil, Thiruvankulam, Kadungamangalam, Ernakulam-682 305.

Reliefs

Relief Type: Temporary Injunction

Outcome: Refused

Description:

Petitioners prayed for an injunction restraining the respondents from encroaching upon plaint B and C schedule properties.

Evidence:

Therefore, the plaintiffs are not entitled to the temporary injunction as sought for.

Documents & Evidence

Document Type: Will

Submitted By: Plaintiff

Relevance:

The court referred to this Will to determine the rights of the plaintiffs over the property.

Reference:

Will No.34/2006

Document Type: Oral Evidence