Case Summary
Njananandan filed a petition seeking a temporary injunction against Dhanalakshmi and others regarding construction on co-owned property. The petitioner claims the property is part of a family inheritance, but the respondents argue that they own the property legally and have the right to construct.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
Key Reasoning:
The court found that the petitioner did not establish a prima facie case regarding the property.
The court found that the petitioner did not establish a prima facie case regarding the property.
Judgment Evidence:
In the result, the petition stands dismissed.
Parties Involved
Plaintiffs
Njananandan (72 years)
Mokayil House, Ambalamed P.O., Kuzhikkad Kara, Puthencruz Village, Kunnathunadu Talak, Pin : 682303
Defendants
Dhanalakshmi (49 years)
Mokayil House, Ambalamed P.O., Kuzhikkad Kara, Puthencruz Village, Kunnathunadu Talak, Pin : 682303
Balakrishnan (55 years)
Mokayil House, Ambalamed P.O., Kuzhikkad Kara, Puthencruz Village, Kunnathunadu Talak, Pin : 682303
Meera Balakrishnan (30 years)
Mokayil House, Ambalamed P.O., Kuzhikkad Kara, Puthencruz Village, Kunnathunadu Talak, Pin : 682303
Sivadasan (42 years)
Mokayil House, Ambalamed P.O., Kuzhikkad Kara, Puthencruz Village, Kunnathunadu Talak, Pin : 682303
Reliefs
Relief Type:
Temporary Injunction
Outcome:
Refused
Description:
Petitioner sought a temporary injunction to restrain the respondents from making constructions on the plaint schedule property.
Evidence:
Hence, the petition is to be dismissed.
Documents & Evidence
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of the partition deed bearing No. 1475/1111 dated 24th meenam 1111 of SRO Puthencruz.
Reference:
Ext.A1
Document Type:
Order
Submitted By:
Plaintiff
Relevance:
Copy of the order in C.M.A.10/2021 of Sub Court, Perumbavoor.
Reference:
Ext.A2
Document Type:
Partition Deed
Submitted By:
Defendant
Relevance:
Certified copy of partition deed bearing No. 1475/1111 dated 24th meenam 1111 of SRO Puthencruz.
Reference:
Ext.B1
Document Type:
Plaint
Submitted By:
Defendant
Relevance:
Copy of the plaint in O.S.No.86/2020 of Munsiff's Court, Perumbavoor submitted on 1.11.2024.
Reference:
Ext.B2
Document Type:
Plaint
Submitted By:
Defendant
Relevance:
Copy of the plaint in O.S.No.364/2020 of Munsiff's Court, Perumbavoor submitted on 1.11.2024.
Reference:
Ext.B3
Document Type:
Land Tax Receipt
Submitted By:
Defendant
Relevance:
Certified copy of land tax receipts submitted on 1.11.2024.
Reference:
Ext.B4
Document Type:
Commission Report
Submitted By:
Defendant
Relevance:
Certified copy of commission report filed in O.S.No.364/2020 of Munsiff's Court, Perumbavoor.
Reference:
Ext.B5
Document Type:
Sale deed
Submitted By:
Defendant
Relevance:
Copy of the sale deed No.725/1994 of SRO Puthencruz.
Reference:
Ext.B6
Document Type:
Settlement Deed
Submitted By:
Defendant
Relevance:
Copy of the settlement deed No.3851/2020 of SRO Puthencruz.
Reference:
Ext.B7
Document Type:
Possession Certificate
Submitted By:
Defendant
Relevance:
Copy of the possession certificate from Puthencruz Village Office.
Reference:
Ext.B8
Document Type:
Building Permit
Submitted By:
Defendant
Relevance:
Copy of the site approval and building permit from Vadavucode-Puthencruz Grama Panchayath.
Reference:
Ext.B9
Document Type:
Sale deed
Submitted By:
Defendant
Relevance:
Copy of the sale deed No.2901/2020 of SRO Puthencruz.
Reference:
Ext.B10
Document Type:
Land Tax Receipt
Submitted By:
Defendant
Relevance:
Copy of the land tax receipt of thandaper No.4419 of Puthencruz Village.
Reference:
Ext.B11
Document Type:
Land Tax Receipt
Submitted By:
Defendant
Relevance:
Copy of the land tax receipt of thandaper No.8635 of Puthencruz Villatge.
Reference:
Ext.B12
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report and Rough sketch submitted by Adv. Safarunnisa M.A.
Reference:
Ext.C1
Document Type:
Sketch
Submitted By:
Court
Relevance:
Rough sketch submitted by Adv. Safarunnisa M.A.
Reference:
Ext.C1(a)