Case Summary
Sheela Getty, the plaintiff, alleges that the defendants have encroached onto her property and altered a pathway essential for access to her property. The defendants contest the plaintiff's claims, asserting legal and factual grounds for their position.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court found that the plaintiff did not present a prima facie case for the injunction requested. Consequently, the petition was dismissed.
Key Reasoning:
The plaintiff failed to demonstrate a prima facie case warranting the issuance of an interim injunction.
The plaintiff failed to demonstrate a prima facie case warranting the issuance of an interim injunction.
Why Defendant Won:
The plaintiff failed to demonstrate a prima facie case warranting the issuance of an interim injunction.
The plaintiff failed to demonstrate a prima facie case warranting the issuance of an interim injunction.
Supporting Evidence
It becomes ineluctable that the Plaintiff does not have a prima facie case warranting issuance of interim injunction as sought for.
Judgment Evidence:
In the result, the petition was dismissed without costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sheela Getty
- Party Age
- 56
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Reyson Thomas
- Party Age
- 50
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Thomas
- Party Age
- 75
- Party Role
- Defendant
- Party Name
- Rasheeda Beevi
- Party Age
- 54
Plaintiffs Documents
Settlement Deed No.434/23, Tax receipt from Pallimon Village, Receipt of Acknowledgement from Kunnanalloor Police Station
Defendants Documents
Commission report prepared and submitted by Adv. Commissioner Abhilash.B, Mahazar Prepared and submitted by Adv. Commissioner Abhilash.B, Rough Sketch Prepared and submitted by Adv. Commissioner Abhilash.B
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Joy John
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Nithin J.R.
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Muhammed Arshad
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Refused
Description:
Petitioner sought a mandatory injunction to stop the defendants from encroaching on property.
Evidence:
the Plaintiff does not have a prima facie case warranting issuance of interim injunction as sought for.
Documents & Evidence
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Document proving the plaintiff's ownership of the plaint A schedule property.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Document providing evidence related to the plaint A schedule property.
Reference:
Ext.A2
Document Type:
Receipt of Acknowledgement
Submitted By:
Plaintiff
Relevance:
Document evidencing the police complaint filed by the plaintiff.
Reference:
Ext.A3
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Report assessing the condition and alterations on the plaint B schedule property.
Reference:
C1
Document Type:
Mahazar
Submitted By:
Court
Relevance:
Document detailing the observed state of the properties involved in the case.
Reference:
C1(a)
Document Type:
Rough Sketch
Submitted By:
Court
Relevance:
Sketch provided by the Advocate Commissioner to illustrate property boundaries.
Reference:
C1(b)
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Case Code
Case between Sheela Getty vs Reyson Thomas et al regarding mandatory injunction.
Case Code Year
Case between Sheela Getty vs Reyson Thomas et al regarding mandatory injunction.