Case Summary
The case involves petitioners Mohammed Faisal and Shejinamol seeking an interim injunction against the Mulavukad Grama Panchayath to prevent construction on the northern side of their property. The court found the petition barred by res judicata as a similar matter had previously been decided.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court dismissed the petition for an interim injunction with costs, citing res judicata.
Key Reasoning:
The petition was dismissed due to the application of res judicata.
The petition was dismissed due to the application of res judicata.
Why Defendant Won:
Not available
Not available
Supporting Evidence
The relief sought in IA 2/21 and this present petition is same, hence by applying the principles of rejudicata this petition is barred by the resjudicata.
Judgment Evidence:
In the result, the petition is dismissed with costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Mohammed Faisal
- Party Age
- 50
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Shejinamol
- Party Age
- 38
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Mulavukad Grama Panchayath
- Relation
- Represented by
Plaintiffs Documents
Not mentioned
Defendants Documents
Not mentioned
Advocates
- Party Role
- Plaintiff
- Advocate Name
- A Balagopalan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Rajagopalan A
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- R Rajesh
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sandhya C Nair
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Rekha Vasudevan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Soya D C
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Injunction
Outcome:
Refused
Description:
The petitioners sought an interim injunction restraining the defendant panchayath from constructing any structure on the northern side of the plaint schedule property.
Evidence:
the petition is not maintainable as the petitioners have filed IA 2/21 in the above suit seeking an order of temporary injunction restraining the defendant panchayath and its officers from constructing any structure on the northern side of the plaint schedule property
Documents & Evidence
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
O.S.NO.
Case Code Year
2021