Case Summary
Rekha Girish is the plaintiff seeking a permanent injunction to prevent Baburaj from obstructing her peaceful possession of property. The plaintiff claims that the defendant is parking vehicles on her property despite an existing injunction order.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The application for police assistance to enforce the injunction order was dismissed by the court. The judge found that the plaintiff did not sufficiently substantiate the need for such assistance.
Key Reasoning:
The court found that the plaintiff did not substantiate the special circumstances needed to grant police assistance under Section 151 of the CPC.
The court found that the plaintiff did not substantiate the special circumstances needed to grant police assistance under Section 151 of the CPC.
Why Defendant Won:
Not available
Not available
Supporting Evidence
Hence for the aforesaid reasons I am inclined to dismiss the application.
Judgment Evidence:
10. In the result, this application is dismissed. No order as to costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Rekha Girish
- Party Age
- 49
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Baburaj
- Party Age
- 59
Plaintiffs Documents
Ext.A1 - Photograph; Ext.A2 - Reply received from SHO Medical College Police Station to the complaint submitted by the petitioner before the Hon’ble Chief Minister of Kerala.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.Dileep Sathyan.S
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt. Riya Liza Thomas
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri.Shambu Priyan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.J.R.Padmakumar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.Lekshman.R.C
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.Harikrishnan.P.B
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.Adarsh Asok
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Refused
Description:
The petitioner sought police assistance for enforcing the order in IA 01/2024 due to obstruction caused by the respondent.
Evidence:
Hence for the aforesaid reasons I am inclined to dismiss the application.
Documents & Evidence
Document Type:
Photograph
Submitted By:
Plaintiff
Relevance:
The photograph was produced to substantiate the petitioner's contention regarding obstruction.
Reference:
Ext.A1
Document Type:
Reply received from SHO, Medical College Police Station
Submitted By:
Plaintiff
Relevance:
The reply is relevant to the complaint submitted by the petitioner before the Hon'ble Chief Minister of Kerala.
Reference:
Ext.A2
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Case Code
OS.NO.
Case Code Year
2024