Case Summary
Rajan Edward filed a petition for an injunction against Anupama, regarding the usage of a pathway claimed to be obstructed by the defendants. The case involves allegations of encroachment by the defendants' father and subsequent actions taken by both parties.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The petition for injunction was dismissed, and the plaintiff was directed to pay costs to the defendants.
Key Reasoning:
The court found that the plaintiff filed the suit by suppressing material facts and was not able to establish a prima facie case.
The court found that the plaintiff filed the suit by suppressing material facts and was not able to establish a prima facie case.
Why Defendant Won:
The court found that the plaintiff filed the suit by suppressing material facts and was not able to establish a prima facie case.
The court found that the plaintiff filed the suit by suppressing material facts and was not able to establish a prima facie case.
Supporting Evidence
In considering the facts and circumstances of the case, the petitioner has filed this suit before this court by suppressing the material facts.
Judgment Evidence:
In the result, this petition is dismissed. The plaintiff is directed to pay the costs of this application to the Defendants.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Rajan Edward
- Party Age
- 55
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Anupama
- Party Age
- 46
- Relation
- D/o
Plaintiffs Documents
Tax receipt from Mayyanad Village, Kollam, Copy of Judgment in OS 350/2007, Certified copy of Decree in AS 82/2011, Certified copy of Decree in AS 91/2011, Copy of Cancel Residence Certificate (UAE)
Defendants Documents
Copy of Gift Deed No.3424/1974, Copy of settlement deed No.281/2008 of Kottiyam SRO, Copy of settlement deed No.4061/2006 of Kottiyam SRO, Copy of settlement deed No.486/2023 of Kottiyam SRO, Original tax receipt of counter claim ‘A’ Schedule property
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sajeesh R R
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- R.Sam
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Aparna
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Injunction
Outcome:
Refused
Description:
Temporary injunction to restrain the defendants and their men from creating any obstructions for using the plaint A schedule pathway
Evidence:
In such a situation, I am not inclined to allow the petition. Points found not in favour of the petitioner.
Documents & Evidence
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Tax receipt from Mayyanad Village, Kollam
Reference:
Ext.A1
Document Type:
Judgment Copy
Submitted By:
Plaintiff
Relevance:
Copy of Judgement in OS 350/2007
Reference:
Ext.A2
Document Type:
Certified decree copy
Submitted By:
Plaintiff
Relevance:
Certified copy of Decree in AS 82/2011
Reference:
Ext.A3
Document Type:
Certified decree copy
Submitted By:
Plaintiff
Relevance:
Certified copy of Decree in AS 91/2011
Reference:
Ext.A4
Document Type:
Residence Certificate
Submitted By:
Plaintiff
Relevance:
Copy of Cancel Residence Certificate (UAE)
Reference:
Ext.A5
Document Type:
Gift Deed
Submitted By:
Defendant
Relevance:
Copy of Gift Deed No.3424/1974
Reference:
Ext.B1
Document Type:
Settlement Deed
Submitted By:
Defendant
Relevance:
Copy of settlement deed No.281/2008 of Kottiyam SRO
Reference:
Ext.B2
Document Type:
Settlement Deed
Submitted By:
Defendant
Relevance:
Copy of settlement deed No.4061/2006 of Kottiyam SRO
Reference:
Ext.B3
Document Type:
Settlement Deed
Submitted By:
Defendant
Relevance:
Copy of settlement deed No.486/2023 of Kottiyam SRO
Reference:
Ext.B4
Document Type:
Tax receipt
Submitted By:
Defendant
Relevance:
Original tax receipt of counter claim ‘A’ Schedule property
Reference:
Ext.B5
Document Type:
Tax receipt
Submitted By:
Defendant
Relevance:
Original tax receipt of counter claim ‘A’ Schedule property
Reference:
Ext.B6
Document Type:
Sale deed
Submitted By:
Defendant
Relevance:
Sale deed No.3958/1994
Reference:
Ext.B7
Document Type:
Petition
Submitted By:
Defendant
Relevance:
Petition submitted by counter claim plaintiff before the SHO, Eravipuram
Reference:
Ext.B8
Document Type:
Receipt
Submitted By:
Defendant
Relevance:
Receipt issued from Eravipuram Police station
Reference:
Ext.B9
Document Type:
Complaint
Submitted By:
Defendant
Relevance:
Complaint submitted by the counter claim plaintiff with the Kerala State Women's Commission, through email
Reference:
Ext.B10
Document Type:
Acknowledgment
Submitted By:
Defendant
Relevance:
Photocopy of acknowledgement of claimplaint from Kerala State Women's Commission
Reference:
Ext.B11
Document Type:
Photograph
Submitted By:
Defendant
Relevance:
Photograph
Reference:
Ext.B12
Document Type:
Photograph
Submitted By:
Defendant
Relevance:
Photograph
Reference:
Ext.B13
Document Type:
Bill
Submitted By:
Defendant
Relevance:
Bill issued by the J.V. Engineering Works, Kondachiramukku, Kottiyam P.O.
Reference:
Ext.B14
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission Report, Mahazar, Rough sketch prepared and submitted by Adv. Commissioner Gokul P. Raj
Reference:
Ext.C1
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Case Code
OS
Case Code Year
2024