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OS 249/2025

Case between Pathorse vs Ambily M B et al regarding injunction against trespassing and demolition.

Court
COURT OF THE MUNSIFF, KOTTAYAM
Judge
Smt. Jyothi Babu R.
Order Date
2025-07-17
Duration
Case Code No.
249
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

Pathorse, the plaintiff, is seeking an injunction to prevent the defendants, Ambily M B and Asha M B, from trespassing on his property and demolishing a structure. The property in dispute involves a portion adjacent to the public road, claimed by the plaintiff to be his.

Judgment Outcome

Defendant Won
Interim Order
The court dismissed the plaintiff's application for an injunction against the defendants, allowing them to continue their construction work.
Judgment Favored
Defendant
Relief Granted
Case Type
Injunction
Final Judgment
No
The court dismissed the plaintiff's application for an injunction against the defendants, allowing them to continue their construction work.
Key Reasoning:
The court found no evidence of irreparable injury to the plaintiff and determined that the construction work of the defendants should not be obstructed.
Why Defendant Won:
The court found no evidence of irreparable injury to the plaintiff and determined that the construction work of the defendants should not be obstructed.
Supporting Evidence
If injunction is not granted, no irreparable injury would be caused to the petitioner. However, if injunction is granted, the construction work to be done at the respondent’s property would be affected.

Judgment Evidence:

In the result, I.A.2/2025 is dismissed.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Pathorse
Party Age
66
Relation
S/o
Party Role
Defendant
Party Name
Ambily M B
Party Age
49
Relation
D/o
Party Role
Defendant
Party Name
Asha M B
Party Age
49
Relation
D/o
Plaintiffs Documents
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
K S Asif
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Nithin Sunny Alex
Appearance Type
Main Counsel

Reliefs

Relief Type: Injunction
Outcome: Refused
Description:
The petitioner requested to restrain the defendants from trespassing and demolishing the Kallukattu.
Evidence:
I.A.2/2025 is dismissed

Documents & Evidence

Document Type: Commission report and Rough Sketch
Submitted By: Court
Relevance:
The court used this document to understand the layout and boundaries of the properties involved.
Reference:
Ext.C1 series

Case Classification

Case Type
Injunction
Category
Other Civil Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Common Reasons
Case Code
OS
Case Code Year
2025

Quick Facts

Location
Kottayam District
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Case Filed
Case Closed
From
Sun, 06/01/2025 - 12:00
To
Thu, 07/31/2025 - 12:00
Outcome Confidence
85%

Involved Entities

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