Case Summary
The plaintiffs, Krishna Priya and Krishna Preethy, are seeking a permanent prohibitory injunction against Sree Rama Dasa Mission regarding illegal construction on their property. The defendant, a charitable institution, claims that the construction is lawful and has been conducted with proper permits.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Court restrained the respondents from encroaching upon the plaint A schedule property.
Case Type
Civil Suit
Final Judgment
No
The court dismissed the injunction application in O.S. 1348/2024 and allowed the application in O.S. 1888/2024, restraining the defendants from encroaching upon the plaint A schedule property.
Why Plaintiff Won:
The petitioner proved a strong prima facie case and the balance of convenience favoured the plaintiffs.
The petitioner proved a strong prima facie case and the balance of convenience favoured the plaintiffs.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The plaintiffs in O.S.1888/2024 have established a prima facie case and the balance of convenience and irreparable injury is found in favour of the petitioner in O.S.1888/2024.
Judgment Evidence:
In the result, I.A.1/2024 in OS.1348/2024 is dismissed and I.A.1/2024 in OS.1888/2024 is allowed restraining the respondents from encroaching upon the plaint A schedule property and committing any waste therein and also from causing any disturbance to the peaceful possession and enjoyment of the plaint A schedule property by the petitioner.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Krishna Priya
- Party Age
- 44
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Krishna Preethy
- Party Age
- 42
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Sree Rama Dasa Mission
- Relation
- represented by its Secretary
Plaintiffs Documents
Settlement Deed No.4379/2021, Tax Receipt, Complaint before Thiruvananthapuram Corporation, Original Receipt of Complaint before District Police Chief, Photographs, Stop Memo from Corporation.
Defendants Documents
Memorandum of Rules and Regulation, Sale Deed No.4510/2005, Tax Receipt, Order in OP (Succession) 56/2007, Complaint made by the respondent to the Corporation, Building Permit.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.Ajikhan.M
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. Adarsh.S
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. Sreekuttan. R.C
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. Babin S. Xavier
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. M.S. Sankarankutty
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Smt. Reshmi.K
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Refused
Description:
Petitioners sought a permanent prohibitory injunction against the defendant.
Evidence:
The petitioner in O.S.1348/2024 has failed to prove a prima facie case.
Relief Type:
Temporary Injunction
Outcome:
Granted
Description:
The petitioners sought a temporary injunction restraining the defendants from encroaching upon the plaint A schedule property.
Evidence:
The petitioner in O.S.1888/2024 has prima facie proved their title and possession in the property.
Documents & Evidence
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
The original settlement deed establishing the petitioners' ownership of the plaint A schedule property.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Tax receipt pertaining to the plaint A schedule property.
Reference:
Ext.A2
Document Type:
Copy of complaint
Submitted By:
Plaintiff
Relevance:
Copy of the complaint filed before Thiruvananthapuram Corporation by the petitioners regarding illegal construction.
Reference:
Ext.A3
Document Type:
Receipt of Complaint
Submitted By:
Plaintiff
Relevance:
Original receipt of the complaint before Thiruvananthapuram Corporation.
Reference:
Ext.A4
Document Type:
Copy of complaint
Submitted By:
Plaintiff
Relevance:
Copy of the complaint lodged before the District Police Chief to stop the illegal construction.
Reference:
Ext.A5
Document Type:
Receipt of Complaint
Submitted By:
Plaintiff
Relevance:
Original receipt of the complaint before the District Police Chief.
Reference:
Ext.A6
Document Type:
Photographs
Submitted By:
Plaintiff
Relevance:
Photographs pertaining to the plaint schedule property.
Reference:
Ext.A7
Document Type:
Stop Memo
Submitted By:
Plaintiff
Relevance:
Copy of the stop memo issued from Kazhakuttom Zonal office of Corporation of Thiruvananthapuram.
Reference:
Ext.A8
Document Type:
Memorandum of Rules
Submitted By:
Defendant
Relevance:
Copy of the memorandum of rules and regulations of the respondent institution.
Reference:
Ext.B1
Document Type:
Sale deed
Submitted By:
Defendant
Relevance:
Certified copy of sale deed establishing the defendant's ownership of plaint B schedule property.
Reference:
Ext.B2
Document Type:
Tax receipt
Submitted By:
Defendant
Relevance:
Original tax receipt pertaining to plaint schedule property.
Reference:
Ext.B3
Document Type:
Order
Submitted By:
Defendant
Relevance:
Copy of order in OP (Succession) 56/2007 regarding assets and liabilities.
Reference:
Ext.B4
Document Type:
Copy of complaint
Submitted By:
Defendant
Relevance:
Copy of complaint made by the defendant to the Corporation regarding illegal construction by the petitioner.
Reference:
Ext.B5
Document Type:
Permit
Submitted By:
Defendant
Relevance:
Copy of the permit issued by the Corporation for construction in the plaint B schedule property.
Reference:
Ext.B6
Document Type:
Plaint
Submitted By:
Defendant
Relevance:
Copy of plaint in OS.1348/2024 filed by the petitioner.
Reference:
Ext.B7
Document Type:
Certified Copy
Submitted By:
Defendant
Relevance:
Certified copy of I.A.1/2024 in OS.1348/2024.
Reference:
Ext.B8
Document Type:
Copy of Order
Submitted By:
Defendant
Relevance:
Copy of ex-parte order issued on 07/09/2024.
Reference:
Ext.B9
Document Type:
Copy of Petition
Submitted By:
Defendant
Relevance:
Copy of petition I.A.5/2024 in OS.1348/2024.
Reference:
Ext.B10
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report prepared by the advocate commissioner regarding the plaint schedule properties.
Reference:
Ext.C1
Document Type:
Rough Sketch
Submitted By:
Court
Relevance:
Rough sketch accompanying the commission report.
Reference:
Ext.C1(a)
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Second commission report prepared by the advocate commissioner.
Reference:
Ext.C2
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Case Code
Case between Krishna Priya et al vs Sree Rama Dasa Mission regarding permanent prohibitory injunction
Case Code Year
Case between Krishna Priya et al vs Sree Rama Dasa Mission regarding permanent prohibitory injunction