Case Summary
Maitheen and Kareem are petitioners seeking a temporary injunction against Pradeep, Bindu, and Sindhu to prevent them from trespassing and interfering with their possession of a property they claim to own. The respondents argue the case is not maintainable and that the petitioners have no exclusive rights over common areas.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Temporary injunction restraining the respondents from trespassing and interfering with the petitioners' peaceful possession.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The petitioners established prima facie evidence of their possession and right over the property.
The petitioners established prima facie evidence of their possession and right over the property.
Judgment Evidence:
In the result, the application is allowed. The respondent, his men and agents are restrained by an order of temporary injunction from trespassing into the plaint schedule property, from interfering with the petitioners’ peaceful possession and enjoyment thereof, and from causing any structural alteration or damage to the building.
Parties Involved
Plaintiffs
Maitheen (61 years years)
Parayil House, Pattimattom P O, Valamboor Kara, Pattimattom Village, Kunnathunadu Taluk, Ernakulam District, Pin: 683 562.
Kareem (56 years years)
Kuzhuppillil House, Pattimattom P O, Valamboor Kara, Pattimattom Village, Kunnathunadu Taluk, Ernakulam District, Pin: 683 562
Defendants
Pradeep (47 years years)
Kummanodu Madathil House, Pattimattam P O, Kummanodu Kara, Pattimattom Village, Kunnathunadu Taluk, Ernakulam District, Pin: 683 562.
Bindu (49 years years)
Moolamadathil House, Nadama P O, Eroor Kara, Nadama Village, Kanayannoor Taluk, Pin: 682301.
Sindhu (45 years years)
Manackakkudy House, Kadathy Kara, Kadathy P O, Velloorkunnam Village, Muvattupuzha Taluk, Pin: 686673.
Reliefs
Relief Type:
Temporary Injunction
Outcome:
Granted
Description:
Requested an injunction restraining the respondent from trespassing and causing damage.
Evidence:
The application is allowed. The respondent, his men and agents are restrained by an order of temporary injunction from trespassing into the plaint schedule property.
Documents & Evidence
Document Type:
Copy of the Will Deed
Submitted By:
Plaintiff
Relevance:
Used to establish the petitioners' ownership and right over the property.
Reference:
Ext.A1
Document Type:
Copy of the sale deed
Submitted By:
Plaintiff
Relevance:
Provided evidence of the petitioners' legal possession of the property.
Reference:
Ext.A2
Document Type:
Copy of the sale deed
Submitted By:
Plaintiff
Relevance:
Further supported the petitioners' claim of ownership.
Reference:
Ext.A3
Document Type:
Commission Report and Sketch
Submitted By:
Court
Relevance:
Considered for understanding the factual aspects of possession.
Reference:
Ext.C1 series