Case Summary
Kuriakose, the petitioner, seeks a temporary injunction to prevent Eldho from alienating property that should be partitioned among them. The case revolves around a family settlement and conflicting claims to property inherited from their mother, Annamma.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
Key Reasoning:
The petitioner failed to demonstrate a prima facie case and that the balance of convenience favored the defendant.
The petitioner failed to demonstrate a prima facie case and that the balance of convenience favored the defendant.
Judgment Evidence:
In the result, the petition stands dismissed.
Parties Involved
Plaintiffs
Kuriakose (67 years)
Thanthalakkattu House, Mamala P.O., Muriyamangalam, Thruvaniyoor Village, Kunnathunadu Taluk, Ernakulam District, Pin : 682306
Defendants
Eldho (58 years)
Thanthalakkattu House, Mudakkuzha P.O., Thrikkepara, Vengoor West Village, Kunnathunadu Taluk, Ernakulam District, Pin : 683546
Reliefs
Relief Type:
Temporary Injunction
Outcome:
Refused
Description:
Petitioner sought a temporary injunction to restrain the respondents from alienating the property.
Evidence:
Therefore, I could not find the petitioner to be entitled for the relief of temporary injunction as prayed for.
Documents & Evidence
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Settlement Deed No. 2051/1993 of SRO, Kuruppampady, establishing prior ownership.
Reference:
Ext.A1
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Settlement Deed No. 1790/1999 of SRO, Kuruppampady, alleged to be fraudulently created.
Reference:
Ext.A2
Document Type:
Settlement Deed
Submitted By:
Defendant
Relevance:
Copy of Settlement Deed No. 2051/1993 of SRO, Kuruppampady, supporting the defendant's claims.
Reference:
Ext.B1
Document Type:
Settlement Deed
Submitted By:
Defendant
Relevance:
Copy of Settlement Deed No. 1790/1999 of SRO, Kuruppampady, supporting the defendant's claims.
Reference:
Ext.B2
Document Type:
Release deed
Submitted By:
Defendant
Relevance:
Copy of release deed No. 1001/2012 of SRO, Kuruppampady, showing change of property rights.
Reference:
Ext.B3
Document Type:
Land Tax Receipt
Submitted By:
Defendant
Relevance:
Copy of land tax receipt showing payment made by the 1st respondent.
Reference:
Ext.B4
Document Type:
Land Tax Receipt
Submitted By:
Defendant
Relevance:
Copy of land tax receipt showing payment made by the 1st respondent.
Reference:
Ext.B5
Document Type:
Land Tax Receipt
Submitted By:
Defendant
Relevance:
Copy of land tax receipt showing payment made by the 1st respondent.
Reference:
Ext.B6
Document Type:
Land Tax Receipt
Submitted By:
Defendant
Relevance:
Copy of land tax receipt showing payment made by the 1st respondent.
Reference:
Ext.B7
Document Type:
Sale deed
Submitted By:
Defendant
Relevance:
Copy of Sale Deed No. 2198/2002 of the SRO, Kuruppampady.
Reference:
Ext.B8
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report and rough sketch submitted by Adv. Jyothi C.R., detailing the lie and nature of the property.
Reference:
Ext.C1
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Rough sketch submitted by Adv. Jyothi C.R., accompanying the commission report.
Reference:
Ext.C1(a)