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O.S. No.1227/2024

Case between Girivasan P S vs Rajeshwari P S regarding temporary injunction

Court
COURT OF MUNSIFF, ERNAKULAM
Judge
Smt. Needi.K.Dinamany
Order Date
2025-03-27
Duration
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

The case involves a dispute between two siblings over the access to a pathway. The petitioner seeks a temporary injunction to prevent the respondent from obstructing access to this pathway used for ingress and egress.

Judgment Outcome

Plaintiff Won
Interim Order
The court allowed the petition granting a temporary injunction against the defendant to prevent obstruction of the pathway. Both parties were directed to bear their respective costs.
Judgment Favored
Plaintiff
Relief Granted
Prohibitory injunction preventing respondent from causing obstruction to access through C schedule pathway
Case Type
Civil Suit
Final Judgment
No
The court allowed the petition granting a temporary injunction against the defendant to prevent obstruction of the pathway. Both parties were directed to bear their respective costs.
Why Plaintiff Won:
The petitioner established a prima facie case indicating irreparable injury if obstruction occurs.
Losing Side's Weaknesses:
The petitioner established a prima facie case indicating irreparable injury if obstruction occurs.
Supporting Evidence
From the pleadings this court is satisfied that both the parties have been using the said C schedule pathway from the time of execution Ext A2 and during life time of father Subramanian. Hence court is satisfied that plaintiff has established a prima facie case in his favour.

Judgment Evidence:

In the result, Petition is allowed. Respondents are restraining by a prohibitory injunction from causing obstruction to vehicular or any other access through C schedule pathway to A schedule property.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Girivasan P S
Party Age
61
Relation
S/o
Party Role
Defendant
Party Name
Rajeshwari P S
Party Age
58
Relation
W/o
Plaintiffs Documents
Deed of Will no 15/2009 of Maradu SRO, Certified copy of Sale deed no. 2113/1997, Tax paid receipt issued by Village Office, Kumbalam
Defendants Documents
True copy of Sale deed no: 2113/1997, True copy of the Will executed by late Subramanian the Father of the defendant, FIR and copy of the Charge no: 402/24 registered by SHO, Panangad Police Station, Copy of Official memorandum issued by the JFCM Court VIII, Photograph, Order of Hon’ble High Court in WP(c) No: 39410/2024

Advocates

Party Role
Plaintiff
Advocate Name
P K Letha
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
K P Sunil
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
I T George
Appearance Type
Main Counsel

Reliefs

Relief Type: Temporary Injunction
Outcome: Granted
Description:
Restraining the defendant from obstructing access to C schedule pathway.
Evidence:
Petition is allowed. Respondents are restraining by a prohibitory injunction from causing obstruction to vehicular or any other access through C schedule pathway to A schedule property.

Documents & Evidence

Document Type: Deed of Will
Submitted By: Plaintiff
Relevance:
Establishes ownership of plaint A schedule property.
Reference:
Ext.A1
Document Type: Sale deed
Submitted By: Plaintiff
Relevance:
Establishes ownership of plaint B schedule property.
Reference:
Ext.A2
Document Type: Tax receipt
Submitted By: Plaintiff
Relevance:
Supports owner's possession of plaint A schedule property.
Reference:
Ext.A3
Document Type: Sale deed
Submitted By: Defendant
Relevance:
Establishes ownership of 3 cents of property assigned to defendant.
Reference:
Ext.B1
Document Type: Will
Submitted By: Defendant
Relevance:
Details the father's intentions regarding property assignments.
Reference:
Ext.B2
Document Type: FIR
Submitted By: Defendant
Relevance:
Documents a police complaint related to obstruction.
Reference:
Ext.B3
Document Type: Official memorandum
Submitted By: Defendant
Relevance:
Related to court proceedings.
Reference:
Ext.B4
Document Type: Photograph
Submitted By: Defendant
Relevance:
Supports the defendant's claims regarding the property.
Reference:
Ext.B5
Document Type: Court Order
Submitted By: Defendant
Relevance:
Relates to prior court decisions affecting the case.
Reference:
Ext.B6
Document Type: Commission Report
Submitted By: Court
Relevance:
Provides a report supporting the existence and necessity of the C schedule pathway.
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 Girivasan P S vs Rajeshwari P S regarding temporary injunction
Case Code Year
Case between Girivasan P S vs Rajeshwari P S regarding temporary injunction

Quick Facts

Location
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Case Closed
From
Sat, 03/01/2025 - 12:00
To
Mon, 03/31/2025 - 12:00
Outcome Confidence
90%

Involved Entities

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