Case Summary
The petitioner, Shyla Beevi, is seeking a temporary injunction against the defendants, Rijeena and Ansarudeen, to prevent them from demolishing the compound wall and infringing upon her rights related to the property. The defendants deny the allegations made by the petitioner.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants restrained from using the plaint B schedule item No. 1 to 3 pathways.
Case Type
Civil Suit
Final Judgment
No
The court partially allowed the petition, modifying the interim injunction order to restrain the defendants from obstructing the petitioner's use of the disputed pathways until the suit is disposed.
Why Plaintiff Won:
Petitioner demonstrated a potential likelihood of irreparable harm and a balance of convenience favoring her case.
Petitioner demonstrated a potential likelihood of irreparable harm and a balance of convenience favoring her case.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The court inclined to modify the order stating that vacating the injunction will cause irreparable loss or injury to the petitioner.
Judgment Evidence:
In the result, the petition is allowed in part. Interim injunction order is modified and hereby the respondents are restrained from causing any obstruction using of the plaint B schedule item No. 1 to 3 by the defendant or causing any damage therein till the disposal of the suit.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Shyla Beevi
- Party Age
- 52
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Rijeena
- Party Age
- 40
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Ansarudeen
- Party Age
- 45
- Relation
- S/o
Plaintiffs Documents
Settlement deed No. 2633/1990, Land tax receipt dated 01/09/2023.
Defendants Documents
Certified Copy of Sale deed No. 1796/2021, Certified Copy of Sale deed No. 93/2022, Certified Copy of Sale deed No. 1661/2019, Certified Copy of Sale deed No. 1795/21, Certified Copy of Sale deed No. 1660/2019, Certified Copy of Settlement deed No. 2633/1990, Certified Copy of Settlement deed No. 1051/2006, Certified Copy of Partition deed No. 4594/1966, Certified Copy of Sale deed No. 2565/1953, Site approval and Building Permit No. BP/5710/2024.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- R.Santhosh Kumar
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Palathara Vinu Karunakaran
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Reshmi Raj R
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Rajeswari J
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Monica Saji
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Malu A.M. Nair
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sarayoo S.
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Haripriya S
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Latheesh R.Prasad
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Temporary Injunction
Outcome:
Granted
Description:
Interim injunction order modified to restrain defendants from causing obstruction to plaint B schedule item No. 1 to 3.
Evidence:
the respondents are restrained from causing any obstruction using of the plaint B schedule item No. 1 to 3 by the defendant or causing any damage therein till the disposal of the suit.
Documents & Evidence
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Copy of settlement deed No. 2633/1990 related to the property claim.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Land tax receipt issued from Kollam East Village.
Reference:
Ext.A2
Document Type:
Sale deed
Submitted By:
Defendant
Relevance:
Various certified copies of sale deeds and documents establishing defendant's claim.
Reference:
Ext.B1 to B11
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report prepared by Adv. Commissioner regarding property boundaries.
Reference:
Ext.C1
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 Shyla Beevi vs Rijeena et al regarding temporary injunction
Case Code Year
Case between Shyla Beevi vs Rijeena et al regarding temporary injunction