Case Summary
The plaintiffs are concerned about the defendants allegedly attempting to widen a public road by encroaching on their property. The defendants deny this intention and agreed to maintain the status quo.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Status quo to be maintained until the disposal of the suit.
Case Type
Injunction
Final Judgment
No
The court ordered that the status quo be maintained regarding the property until the suit is resolved.
Why Plaintiff Won:
The plaintiffs provided valid concerns regarding encroachment, and the defendants agreed to maintain the status quo.
The plaintiffs provided valid concerns regarding encroachment, and the defendants agreed to maintain the status quo.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
Learned counsel for defendant submitted that they have no intention to do so and consented to order status quo.
Judgment Evidence:
Hence I.A. 2/2023 is disposed of by directing the parties to remain status quo as noted by the commissioner till disposal of the suit.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- K.M. Mathew
- Party Age
- 63
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Roji Jose
- Party Age
- 62
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Roy Jose Alexander
- Party Age
- 31
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Thressiamma
- Party Age
- 73
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- State of Kerala
- Relation
- represented by
- Party Role
- Defendant
- Party Name
- Assistant Executive Engineer, P.W.D.
- Party Role
- Defendant
- Party Name
- Kerala Road Fund Board
- Relation
- represented by
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Benny Jacob
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Government Pleader
- Appearance Type
- Government Pleader
Reliefs
Relief Type:
Injunction
Outcome:
Granted
Description:
Directing the parties to remain status quo as noted by the commissioner till disposal of the suit
Evidence:
the attempt of encroachment if any is to be restrained and the property is to be retained as such till disposal of the suit for fair adjudication of the suit.
Documents & Evidence
Case Classification
Case Type
Injunction
Category
Injunction and Access Rights
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Kanjirappally
Common Reasons
Unauthorized occupation
Case Code
O.S
Case Code Year
2023