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O.S.No. 265 /2024

Case between Parthan C P vs Shaji regarding temporary injunction and recovery of possession

Court
II Additional Munsiff Court
Judge
Smt. Needi.K. Dinamany
Order Date
2024-09-06
Duration
Case Code No.
265
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

Parthan C P, the plaintiff, is seeking a temporary injunction against his brother Shaji, the defendant, concerning a dispute over property boundaries and encroachments. The plaintiff claims that the defendant has trespassed onto his property and obstructed access.

Judgment Outcome

Plaintiff Won
Interim Order
The court granted a temporary injunction restraining the defendant from committing any acts of waste or mischief in the disputed property pending the trial's outcome.
Judgment Favored
Plaintiff
Relief Granted
Temporary injunction granted to prevent waste in the D schedule property.
Case Type
Injunction
Final Judgment
No
The court granted a temporary injunction restraining the defendant from committing any acts of waste or mischief in the disputed property pending the trial's outcome.
Why Plaintiff Won:
The court found that the plaintiff established a prima facie case and that irreparable injury would occur without the injunction.
Losing Side's Weaknesses:
The court found that the plaintiff established a prima facie case and that irreparable injury would occur without the injunction.
Supporting Evidence
On perusal of documents produced and arguments advanced, this court is satisfied that the plaintiff has established a prima facie case. Since the suit is for fixation of boundary and recovery of possession, this court is satisfied that it will cause irreparable injury to the plaintiff if injunction is not granted.

Judgment Evidence:

In the result, the petition is allowed partly as follows: 1) The respondent is restrained from committing any acts of waste and mischief in D schedule pathway pending disposal of suit.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Parthan C P
Party Age
66
Relation
S/o
Party Role
Defendant
Party Name
Shaji
Party Age
64
Relation
S/o
Plaintiffs Documents
Copy of Partition deed No.130/1992, Copy of Sale deed No.678/92, Copy of Will No.287/09, Copy of tax receipt issued from Poonithura Village Office.
Defendants Documents
Copy of Settlement deed No.677/1964, Copy of tax receipt issued from Poonithura Village Office.

Advocates

Party Role
Plaintiff
Advocate Name
N K Mohanlal
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Jose Abraham
Appearance Type
Main Counsel

Reliefs

Relief Type: Permanent Injunction
Outcome: Granted
Description:
Restraining the respondent from committing any acts of waste in the D schedule pathway pending disposal of the suit.
Evidence:
Therefore, the petition is to be allowed to prevent committing waste in the D schedule property.
Relief Type: Other
Outcome: Not Decided
Description:
Costs associated with the proceedings.
Evidence:
No order as to costs.

Documents & Evidence

Document Type: Partition Deed
Submitted By: Plaintiff
Relevance:
Copy of partition deed showing ownership of property.
Reference:
Ext.A1
Document Type: Sale deed
Submitted By: Plaintiff
Relevance:
Copy of sale deed related to the property.
Reference:
Ext.A2
Document Type: Will
Submitted By: Plaintiff
Relevance:
Copy of will stating the inheritance of the property.
Reference:
Ext.A3
Document Type: Tax receipt
Submitted By: Plaintiff
Relevance:
Tax receipt indicating the property tax payment.
Reference:
Ext.A4
Document Type: Settlement Deed
Submitted By: Defendant
Relevance:
Copy of settlement deed relevant to property division.
Reference:
Ext.B1
Document Type: Tax receipt
Submitted By: Defendant
Relevance:
Tax receipt indicating the property tax payment.
Reference:
Ext.B2
Document Type: Commission Report
Submitted By: Court
Relevance:
Commission report detailing the property measurements.
Reference:
Ext.C1
Document Type: Rough Sketch
Submitted By: Court
Relevance:
Sketch accompanying the commission report.
Reference:
Ext.C1(a)

Case Classification

Case Type
Injunction
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
O.S.NO.
Case Code Year
2024

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Case Closed
From
Sun, 09/01/2024 - 12:00
To
Mon, 09/30/2024 - 12:00
Outcome Confidence
100%

Involved Entities

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