Case Summary
The case involves Saneer and Fousiya as additional defendants, seeking to discharge a temporary injunction obtained by the plaintiff, Sijo Mary. The plaintiff claims a right of way over the property owned by the defendants, leading to disputes over property access.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court allowed the application and discharged the temporary injunction order which was previously obtained by the plaintiff.
Why Plaintiff Won:
The temporary injunction order was discharged since the petitioners were not made parties to the case at the time of the injunction.
The temporary injunction order was discharged since the petitioners were not made parties to the case at the time of the injunction.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The allegations between the parties couldn’t be determined at this preliminary stage of the suit and it can be decided only after taking evidence.
Judgment Evidence:
In the result, IA allowed. Order in IA 4739/2019 dated 08/11/2019 is hereby discharged.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sijo Mary
- Party Age
- 34
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Saneer
- Party Age
- 36
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Fousiya
- Party Age
- 32
- Relation
- W/o
Plaintiffs Documents
Nil
Defendants Documents
Certified copy of Sale deed No.2885/2019, Land Tax receipt
Advocates
- Party Role
- Plaintiff
- Advocate Name
- T.V.Indu
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- T.K.Pradeep
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sheeja.U.Babu
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Injunction
Outcome:
Granted
Description:
Discharge the temporary injunction order passed in IA 4739/2019.
Evidence:
The ad-interim injunction order passed in IA 4739/2019 on 08/11/2019 is liable to be discharged.
Documents & Evidence
Document Type:
Certified copy of Sale Deed
Submitted By:
Plaintiff
Relevance:
Shows that the petitioners purchased 2.43 Ares of property.
Reference:
Ext.A1
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Indicates that the petitioners mutated the property in their favour.
Reference:
Ext.A2
Document Type:
Photographs
Submitted By:
Plaintiff
Relevance:
Visual evidence related to the property.
Reference:
Ext.A3
Document Type:
Photographs
Submitted By:
Plaintiff
Relevance:
Additional visual evidence related to the property.
Reference:
Ext.A4
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Provided findings related to the property and parties involved.
Reference:
Ext.C1 series, C2 series and C3 series
Case Classification
Case Type
Civil Suit
Category
Injunction and Access Rights
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Temporary injunction obtained by misleading the court
Case Code
Case between Saneer et al vs Sijo Mary regarding discharge of temporary injunction.
Case Code Year
Case between Saneer et al vs Sijo Mary regarding discharge of temporary injunction.