Case Summary
Shiju Vilson is the plaintiff seeking a declaration of easement and injunction against Preetha.S.R and Saji Kumar. The plaintiff claims the defendants are obstructing access to a pathway used to reach his property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court directed both parties to maintain status quo regarding the plaint schedule property until the final disposal of the suit.
Why Plaintiff Won:
The court found it necessary to preserve the status quo due to the ongoing conflict over property access.
The court found it necessary to preserve the status quo due to the ongoing conflict over property access.
Losing Side's Weaknesses:
The court found it necessary to preserve the status quo due to the ongoing conflict over property access.
The court found it necessary to preserve the status quo due to the ongoing conflict over property access.
Supporting Evidence
Considering the nature of dispute and the documents produced, I am of the opinion that it is necessary in the interest of justice to pass a status quo in the interest of justice and to ensure preservation of the plaint schedule property.
Judgment Evidence:
In the result this application is disposed by directing the parties to maintain status quo till the final disposal of the suit.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Shiju Vilson
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Preetha.S.R
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Saji Kumar
- Relation
- S/o
Plaintiffs Documents
Certified Copy of Sale Deed No.743/2003, Certified Copy of Sale Deed No.762/2023, Tax Receipt
Defendants Documents
Certified Copy of Plaint in OS.No.1879/2024, Certified Copy of IA.1/2024 in OS.No.1879/2024, Ad-Interim Injunction Order in IA.1/2024 in OS.No.1879/2024
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Adv.Smt.V.K.Bindhu
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt.Nisha.V.O
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.T.Harindran Nair
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Injunction
Outcome:
Partly Granted
Description:
Plaintiff sought temporary injunction to restrain defendants from obstructing usage of plaint D schedule pathway.
Evidence:
Considering the nature of dispute and the documents produced, I am of the opinion that it is necessary in the interest of justice to pass a status quo in the interest of justice and to ensure preservation of the plaint schedule property.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Sale Deed No.743/2003 confirming plaintiff's ownership over part of the property.
Reference:
Ext.A1
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Sale Deed No.762/2023 confirming plaintiff's ownership over the remaining property.
Reference:
Ext.A2
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Tax receipts for the properties described in plaint A and B.
Reference:
Ext.A3
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Tax receipts for the properties described in plaint A and B.
Reference:
Ext.A4
Document Type:
Plaint
Submitted By:
Defendant
Relevance:
Certified copy of the plaint in O.S.1879/2024 filed by the respondent against the petitioner.
Reference:
Ext.B1
Document Type:
Interlocutory Application
Submitted By:
Defendant
Relevance:
Certified copy of I.A.1/2024 in O.S.1879/2024.
Reference:
Ext.B2
Document Type:
Commission Application
Submitted By:
Defendant
Relevance:
Certified copy of Commission application in O.S.1879/2024.
Reference:
Ext.B3
Document Type:
Ad Interim Injunction Order
Submitted By:
Defendant
Relevance:
Ad interim injunction order in I.A.1/2024 dated 20/12/2024 obtained against the petitioner.
Reference:
Ext.B4
Document Type:
Commission Report
Submitted By:
Defendant
Relevance:
Commission report filed as per order in I.A.2/24 in O.S.1879/2024.
Reference:
Ext.B5
Document Type:
Sale deed
Submitted By:
Defendant
Relevance:
Copy of Sale Deed No.544/1997 showing property ownership related to the defendant.
Reference:
Ext.B6
Document Type:
Sale deed
Submitted By:
Defendant
Relevance:
Certified copy of Sale Deed No.762/2023 related to the defendant.
Reference:
Ext.B7
Document Type:
Commission report and Rough Sketch
Submitted By:
Court
Relevance:
Commission report and rough sketch showing the layout and obstructions regarding the plaint D schedule pathway.
Reference:
Ext.C1
Document Type:
Commission report and Rough Sketch
Submitted By:
Court
Relevance:
Commission report and rough sketch showing the layout and obstructions regarding the plaint D schedule pathway.
Reference:
Ext.C1(a)
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
2025