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O.S. No. 791/2024

Case between Shaija Edward vs Geegi Vincent regarding temporary prohibitory injunction and property boundary fixation.

Court
COURT OF MUNSIFF, ERNAKULAM
Judge
Smt. Needi.K.Dinamany
Order Date
2025-03-03
Duration
approximately-1 year 9 months
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

This case involves a dispute between siblings over the possession and boundary of inherited property. The plaintiff seeks a temporary injunction against the defendant to prevent trespassing and ensure peaceful possession of the property.

Judgment Outcome

Plaintiff Won
Interim Order
The court has granted the plaintiff's request for a temporary prohibitory injunction against the defendant, restraining her from interfering with the plaintiff's possession of the property.
Judgment Favored
Plaintiff
Relief Granted
Temporary prohibitory injunction against the defendant.
Case Type
Civil Suit
Final Judgment
No
The court has granted the plaintiff's request for a temporary prohibitory injunction against the defendant, restraining her from interfering with the plaintiff's possession of the property.
Why Plaintiff Won:
The plaintiff established a prima facie case and demonstrated that irreparable harm would occur without the injunction.
Losing Side's Weaknesses:
The plaintiff established a prima facie case and demonstrated that irreparable harm would occur without the injunction.
Supporting Evidence
The court is satisfied that the plaintiff has established a prima facie case in his favour. Also the irreparable injury will be caused to the plaintiff if an order of injunction is not passed. Also satisfied that balance of convenience is in favour of petitioner herein.

Judgment Evidence:

In the result, Petition is allowed. Respondents are restrained from altering lie and nature of plaint A schedule property, from causing any obstruction to the peaceful possession and enjoyment of the same by the petitioner and from doing any act which is detrimental to the petitioners right, title, interest and possession over plaint A schedule property by way of temporary prohibitory injunction.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Shaija Edward
Party Age
62
Relation
W/o
Party Role
Defendant
Party Name
Geegi Vincent
Party Age
59
Relation
W/o
Plaintiffs Documents
Certified copy of Settlement deed no: 1987/1999, Certified copy of Settlement deed no: 1990/1999, Certified copy of Settlement deed no: 1991/1999, Office copy of lawyer notice dated 22.09.2023, Reply notice dated 09.10.2023, Complaint filed by the plaintiff before the SHO, Cheranallore Police Station dated 07.04.2023, Receipt issued by the Police Station Cheranallore dated 12.04.2023, The Basic tax paid receipt issued by Village Officer Cheranallore dated 28.04.2023, The Basic tax receipt issued by Village Office, Cheranallore dated 11.07.2024
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Ajith Viswanathan
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Shibu Joseph
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Abhilash B
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Arun Joseph Mathew
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Vrinda Babu
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Aman Manzoor
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Basil Baby Cheruvallil
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
V C Xavier
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
R Rajesh
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Sibi Karun
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
George Sunny Menachery
Appearance Type
Main Counsel

Reliefs

Relief Type: Temporary Injunction
Outcome: Granted
Description:
Restraining the defendant from altering or interfering with the plaintiff's possession of plaint A schedule property.
Evidence:
Respondents are restrained from altering lie and nature of plaint A schedule property, from causing any obstruction to the peaceful possession and enjoyment of the same by the petitioner.

Documents & Evidence

Document Type: Certified Copy of Settlement Deed
Submitted By: Plaintiff
Relevance:
Provided evidence of the plaintiff's ownership of the plaint A schedule property.
Reference:
Ext.A1
Document Type: Certified Copy of Settlement Deed
Submitted By: Plaintiff
Relevance:
Related to the joint ownership of property between the plaintiff and defendant.
Reference:
Ext.A2
Document Type: Certified Copy of Settlement Deed
Submitted By: Plaintiff
Relevance:
Evidence of the plaintiff's further claim to the plaint A schedule property.
Reference:
Ext.A3
Document Type: Office copy of lawyer notice
Submitted By: Plaintiff
Relevance:
Demonstrated the plaintiff's effort to resolve the issue through legal notice.
Reference:
Ext.A4
Document Type: Reply Notice
Submitted By: Plaintiff
Relevance:
Provided the defendant's response to the lawyer's notice.
Reference:
Ext.A5
Document Type: Complaint filed by the plaintiff
Submitted By: Plaintiff
Relevance:
Indicated the plaintiff's complaint to the police regarding the defendant's actions.
Reference:
Ext.A6
Document Type: Receipt issued by the Police Station
Submitted By: Defendant
Relevance:
Served as proof related to the police complaint lodged by the plaintiff.
Reference:
Ext.A7
Document Type: The Basic tax paid receipt
Submitted By: Plaintiff
Relevance:
Showed the plaintiff's payment of basic tax for the plaint A schedule property.
Reference:
Ext.A8
Document Type: The Basic tax receipt
Submitted By: Plaintiff
Relevance:
Additional evidence regarding the plaintiff's compliance with property tax obligations.
Reference:
Ext.A9
Document Type: Commission Report
Submitted By: Court
Relevance:
Provided findings relevant to the boundary dispute of the properties.
Reference:
Ext.C1
Document Type: Rough Sketch
Submitted By: Court
Relevance:
Served as a visual aid in understanding the property boundaries.
Reference:
Ext.C1(a)

Case Classification

Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between Shaija Edward vs Geegi Vincent regarding temporary prohibitory injunction and property boundary fixation.
Case Code Year
Case between Shaija Edward vs Geegi Vincent regarding temporary prohibitory injunction and property boundary fixation.

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Case Closed
From
Sat, 03/01/2025 - 12:00
To
Mon, 03/31/2025 - 12:00
Outcome Confidence
85%

Involved Entities

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