Case Summary
Kavitha Balakrishnan, the plaintiff, seeks an injunction against Faisal C.H, the defendant, to prevent him from constructing a boundary wall and encroaching upon her property. The case involves allegations of property rights and boundary disputes between the two parties who are relatives.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Interim prohibitory injunction against the defendant
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The petitioner established entitlement to an interim injunction based on the balance of convenience.
The petitioner established entitlement to an interim injunction based on the balance of convenience.
Judgment Evidence:
Hence, the point is found in favour of petitioner, the petition is allowed. The interim order of injunction is hereby made absolute. In the result, petition is allowed.
Parties Involved
Plaintiffs
Kavitha Balakrishnan (47 years years)
C/o Amaresh Basappa Awathi, Sri Veebhadreshwara Nilaya # 93, 1st Floor, 6th Cross Basaweshwara, Layout Kudurugere road, Dasanapura Hobli, Madanayakanathalli, Opposite Yajaman Thimmaiah Enclave, Bengaluru, karanataka – 562 162
Defendants
Faisal C.H (55 years years)
Champarambil house, XVIII/313, Vadakode P.O, Kanagarapady, Kalamassery, Thrikkara north, Pin – 682 021
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
The petitioner sought a prohibitory injunction to prevent the respondent from encroaching upon the petitioner's property.
Evidence:
Hence, the point is found in favour of petitioner, the petition is allowed. The ad interim order of injunction is hereby made absolute.
Documents & Evidence
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
This document establishes the petitioner's ownership of the property.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
This document supports the petitioner's claim regarding the property.
Reference:
Ext.A2
Document Type:
Rough Sketch
Submitted By:
Plaintiff
Relevance:
This document provides a visual representation of the property in question.
Reference:
Ext.A3
Document Type:
Photographs
Submitted By:
Plaintiff
Relevance:
These photographs serve as evidence of the property and its condition.
Reference:
Ext.A4
Document Type:
Commission Report
Submitted By:
Court
Relevance:
This report details the boundaries and condition of the property relevant to the case.
Reference:
Ext.C1