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OS No. 346/2025

Case between Sivaprakash et al vs Joyprakash et al regarding injunction

Court
Additional Munsiff Court, Kollam
Judge
Smt. Sofia.T.A
Order Date
2025-09-09
Duration
approximately-1 year
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

The plaintiffs, led by Sivaprakash, are seeking an injunction against the defendants, led by Joyprakash, to secure rights over a property following a partition. The defendants have allegedly obstructed the plaintiffs' access to this property.

Judgment Outcome

Defendant Won
Interim Order
The court dismissed the petition for injunction filed by the plaintiffs, stating they could not establish a prima facie case.
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court dismissed the petition for injunction filed by the plaintiffs, stating they could not establish a prima facie case.
Key Reasoning:
The plaintiffs failed to demonstrate a prima facie case and the balance of convenience favored the defendants.
Why Defendant Won:
The plaintiffs failed to demonstrate a prima facie case and the balance of convenience favored the defendants.
Supporting Evidence
It cannot be held that the Plaintiff has a prima facie case to obtain an interim injunction, as sought for. And balance of convenience in favour of the respondents.

Judgment Evidence:

In the result, this petition is dismissed and the interim injunction granted is hereby vacated.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Sivaprakash
Party Age
60
Relation
S/o
Party Role
Plaintiff
Party Name
Lalprakash
Party Age
59
Relation
S/o
Party Role
Plaintiff
Party Name
M D Prakash
Party Age
57
Relation
S/o
Party Role
Plaintiff
Party Name
Divyalekshmi
Party Age
30
Relation
S/o
Party Role
Defendant
Party Name
Joyprakash
Party Age
65
Relation
S/o
Party Role
Defendant
Party Name
Arun Babu
Party Age
36
Relation
S/o
Party Role
Defendant
Party Name
Choice J
Party Age
35
Relation
S/o
Party Role
Defendant
Party Name
Brijith Sebastian
Party Age
31
Relation
W/o
Plaintiffs Documents
Partition Deed No. 1963/2002, Certified copy of Sale Deed No. 82/2022/I, Certified copy of Sale Deed No. 416/I/2025.
Defendants Documents
True copy of Sale Deed No. 946/2003, Copy of Sale Deed No. 2513/05, Photographs (2nos.)

Advocates

Party Role
Plaintiff
Advocate Name
Adv. Anil Kumar.S
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Advs.Vinod. V & Prince kumar G
Appearance Type
Main Counsel

Reliefs

Relief Type: Injunction
Outcome: Refused
Description:
Petition for temporary injunction to restrain defendants from interfering with the plaintiffs' rights.
Evidence:
Hence, I am not inclined to allow the petition.

Documents & Evidence

Document Type: Partition Deed
Submitted By: Plaintiff
Relevance:
This deed outlines the rights and claims of the plaintiffs regarding the property.
Reference:
Ext.A1
Document Type: Sale deed
Submitted By: Plaintiff
Relevance:
A certified copy of the sale deed related to the property in question.
Reference:
Ext.A2
Document Type: Sale deed
Submitted By: Plaintiff
Relevance:
A certified copy of another sale deed pertaining to the property.
Reference:
Ext.A3
Document Type: Sale deed
Submitted By: Defendant
Relevance:
True copy of a sale deed presented by the respondents.
Reference:
Ext.B1
Document Type: Sale deed
Submitted By: Defendant
Relevance:
A copy of another sale deed produced by the respondents.
Reference:
Ext.B2
Document Type: Photographs
Submitted By: Defendant
Relevance:
Photographic evidence provided by the defendants.
Reference:
Ext.B3
Document Type: Commission Report
Submitted By: Court
Relevance:
Commission report documenting the condition of the property and relevant facts.
Reference:
Ext.C1 series

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 Sivaprakash et al vs Joyprakash et al regarding injunction
Case Code Year
Case between Sivaprakash et al vs Joyprakash et al regarding injunction

Quick Facts

Location
Kollam
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Case Filed
Case Closed
From
Mon, 09/01/2025 - 12:00
To
Fri, 10/31/2025 - 12:00
Outcome Confidence
85%

Involved Entities

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