Case Summary
Sheeja S Kurup filed a petition against her brother Saji S Kurup and others seeking a temporary prohibitory injunction to prevent the alienation of a property. The plaintiff contends that her father was not mentally capable of executing a settlement deed transferring the property.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court dismissed the petition for temporary prohibitory injunction, finding that the plaintiff did not establish a prima facie case in her favor.
Key Reasoning:
The plaintiff failed to establish a prima facie case for the injunction.
The plaintiff failed to establish a prima facie case for the injunction.
Why Defendant Won:
The plaintiff failed to establish a prima facie case for the injunction.
The plaintiff failed to establish a prima facie case for the injunction.
Supporting Evidence
From the above discussion, the court is of the view that the plaintiff failed to establish that a prima facie case exists in her favour to get an urgent relief of temporary prohibitory injunction.
Judgment Evidence:
In the result, IA is dismissed.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sheeja S Kurup
- Party Age
- 52
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Roshan Shaji
- Party Age
- 27
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Saji S Kurup
- Party Role
- Defendant
- Party Name
- C.K Sreenivasa Kurup
- Party Age
- 89
- Relation
- Died
- Party Role
- Defendant
- Party Name
- Sheena Prasad
Plaintiffs Documents
Copy of settlement Deed No.1850/2024 of SRO, Kanjirappally.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Bimala Baby
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- T.A Vijayan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Vineetha Narayanan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Temporary Injunction
Outcome:
Refused
Description:
Petitioner sought a temporary prohibitory injunction to restrain the 1st defendant from alienating the plaint schedule property.
Evidence:
The court is of the view that the plaintiff failed to establish that a prima facie case exists in her favour to get an urgent relief of temporary prohibitory injunction.
Documents & Evidence
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Marked for reference; the settlement deed is central to the dispute regarding the transfer of property.
Reference:
Ext.A1
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Kanjirappally
Common Reasons
Unauthorized occupation
Case Code
O.S
Case Code Year
2025