Case Summary
Sonia Sibichen, the plaintiff, claims ownership and exclusive access to certain properties against the defendants, who are her relatives. The defendants allegedly attempted to trespass and obstruct the plaintiff's use of a pathway leading to the properties.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Interim prohibitory injunction restraining the defendants from trespassing and causing obstruction.
Case Type
Civil Suit
Final Judgment
No
The court allowed the petition for an interim prohibitory injunction in favor of the plaintiff to prevent the defendants from trespassing and causing obstruction to the plaintiff's property.
Why Plaintiff Won:
The petitioner has made out a prima facie case for ownership and peaceful possession.
The petitioner has made out a prima facie case for ownership and peaceful possession.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The petitioner has made out a prima facie case. The balance of convenience in granting the relief of the equitable relief of injunction is also in favour of the petitioners.
Judgment Evidence:
In the result, the petition is allowed.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sonia Sibichen
- Party Age
- 62
- Relation
- W/o late Sibichen
- Party Role
- Defendant
- Party Name
- Uma Devi K.S
- Party Age
- 58
- Party Role
- Defendant
- Party Name
- Usha Devi K.S
- Party Age
- 56
Plaintiffs Documents
Photocopy of Sale deed no. 633/18 of SRO Tripunithura, Photocopy of the Partition deed no. 2735/81 of SRO Tripunithura, True copy of the Basic tax receipt bearing Tandapper no. 6713 issued by Thiruvankulam village office
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- T.B.Thankappan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- T.T.Harikumar
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- A.Gopala Krishnan
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Saiben Nikkish P.N
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- C.Devanand
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Anjali G Krishnan
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Soumya Lakshmi S
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Athulya Pushpan
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Arjun S Menon
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- K.G.Devipriya
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- S.Nikhil Rajeev
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Ushakumari M.K
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Adithya P Chandran
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Injunction
Outcome:
Granted
Description:
The plaintiff sought an interim prohibitory injunction to prevent the defendants from trespassing into her property and the adjacent pathway.
Evidence:
Hence, the point is found in favour of the petitioner, the petition is allowed.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
The document establishes the plaintiff's ownership of the property in dispute.
Reference:
Ext.A1
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
The partition deed references the boundaries relevant to the property claimed by the plaintiff.
Reference:
Ext.A2
Document Type:
Basic Tax Receipt
Submitted By:
Plaintiff
Relevance:
This receipt serves as evidence of the plaintiff's payment of property tax and acknowledgment of ownership.
Reference:
Ext.A3
Document Type:
Commission Report
Submitted By:
Court
Relevance:
The report provides an assessment of the pathways and property boundaries in the dispute.
Reference:
Ext.C1
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between Sonia Sibichen vs Uma Devi K.S et al regarding property dispute
Case Code Year
Case between Sonia Sibichen vs Uma Devi K.S et al regarding property dispute