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O.S No. 449/2025

Case between Subish K.S vs Sujith K.S regarding temporary prohibitory injunction

Court
COURT OF THE MUNSIFF, ERNAKULAM
Judge
Sri. Nanda Krishna M.
Order Date
2025-06-19
Duration
Case Closed

Judgement document from eCourt website

Judgment Document
Save Case Find Similar Cases

Case Summary

Subish K.S filed a petition against his brother Sujith K.S for a temporary prohibitory injunction regarding a residential property that belonged to their late father. The case involves issues of possession and ownership rights of the property following the father's death.

Judgment Outcome

Plaintiff Won
Interim Order
The court granted a temporary prohibitory injunction restraining the defendant from committing any mischief or illegal acts detrimental to the plaintiff's rights over the property, while allowing the defendant to enter the premises.
Judgment Favored
Plaintiff
Relief Granted
Temporary prohibitory injunction restraining the respondent from committing any mischief or illegal acts detrimental to the plaintiff's rights.
Case Type
Civil Suit
Final Judgment
No
The court granted a temporary prohibitory injunction restraining the defendant from committing any mischief or illegal acts detrimental to the plaintiff's rights over the property, while allowing the defendant to enter the premises.
Why Plaintiff Won:
The petitioner demonstrated ownership of the property and the likelihood of suffering irreparable harm without the injunction.
Losing Side's Weaknesses:
Not available
Supporting Evidence
The petitioner is the absolute owner of the plaint schedule property. The respondent has not produced anything which proves the contrary. It has also come on record that the respondent has shifted his residence from the plaint schedule property.

Judgment Evidence:

In the Result, 1. The respondent is restrained from committing any mischief over the plaint schedule property or from committing any other illegal acts detrimental to the right interest and title of the petitioner and his family peacefully enjoying the plaint schedule property. 2. The respondent is also restrained from alienating the petition schedule property by induction of third-party interest through lease, rent or any other mode.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Subish K.S
Party Age
34
Relation
S/o
Party Role
Plaintiff
Party Name
Meera Subish @ Meera Aravindhan
Party Age
32
Relation
W/o
Party Role
Defendant
Party Name
Sujith K.S
Party Age
35
Relation
S/o
Plaintiffs Documents
Registered Will No. 311/III/24 dated 05-09-2024, Sale Deed No. 1040/1991, various police complaint documents.
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Muraleedharan P
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Lal K Joseph
Appearance Type
Assisting Counsel
Party Role
Plaintiff
Advocate Name
Luxy T.A
Appearance Type
Assisting Counsel
Party Role
Plaintiff
Advocate Name
Anzil Salim
Appearance Type
Assisting Counsel
Party Role
Plaintiff
Advocate Name
Sanjay Sellen
Appearance Type
Assisting Counsel
Party Role
Plaintiff
Advocate Name
Adithya S Puthezhath
Appearance Type
Assisting Counsel
Party Role
Plaintiff
Advocate Name
Sonia Shibu
Appearance Type
Assisting Counsel
Party Role
Plaintiff
Advocate Name
Aamina Rafeek
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
Shyamdeep S Shenoy
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Aneesh K.S
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
Geethu C.S
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
Roopesh Nayak
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
Vikas V Shenoy
Appearance Type
Assisting Counsel

Reliefs

Relief Type: Injunction
Outcome: Granted
Description:
Temporary prohibitory injunction restraining the respondent from committing any mischief or illegal acts on the plaint schedule property.
Evidence:
The petitioner is entitled to an order of temporary Prohibitory Injunction restraining the respondent and his men and agent from committing any mischief, trespass or any other illegal acts detrimental to the right, interest and title of the plaintiff and his peacefully enjoying of the plaint schedule property.
Relief Type: Injunction
Outcome: Granted
Description:
Restraining the respondent from alienating the plaint schedule property.
Evidence:
The respondent is also restrained from alienating the petition schedule property by induction of third-party interest through lease, rent or any other mode.

Documents & Evidence

Document Type: Sale deed
Submitted By: Plaintiff
Relevance:
This document establishes the title of the plaint schedule property, which belonged to the plaintiff's father.
Reference:
Ext.A1
Document Type: Will Deed
Submitted By: Plaintiff
Relevance:
This document bequeaths the plaint schedule property in favor of the plaintiff, establishing his claim of ownership.
Reference:
Ext.A2
Document Type: Death Certificate
Submitted By: Plaintiff
Relevance:
This document certifies the death of the plaintiff's father, which is relevant to the inheritance claim.
Reference:
Ext.A3
Document Type: Complaint
Submitted By: Plaintiff
Relevance:
This document shows prior complaints made by the plaintiff's father regarding the respondent's actions.
Reference:
Ext.A4
Document Type: RTI application
Submitted By: Plaintiff
Relevance:
This document is relevant for understanding the procedural history related to police complaints.
Reference:
Ext.A5
Document Type: Reply from Police
Submitted By: Plaintiff
Relevance:
This document is a response from the police concerning the complaints filed by the plaintiff's father.
Reference:
Ext.A6
Document Type: Complaint
Submitted By: Plaintiff
Relevance:
This document is a complaint submitted by the plaintiff's wife regarding the respondent's actions.
Reference:
Ext.A7
Document Type: Acknowledgment of Complaint
Submitted By: Plaintiff
Relevance:
This document provides evidence of the acknowledgment of the complaint submitted by the plaintiff's wife.
Reference:
Ext.A8
Document Type: Email Authorization
Submitted By: Plaintiff
Relevance:
This document shows the plaintiff's authorization for his wife to act on his behalf.
Reference:
Ext.A9
Document Type: Death Certificate
Submitted By: Plaintiff
Relevance:
This document certifies the death of Viji, which is relevant to the family relationship.
Reference:
Ext.A10
Document Type: Relationship Certificate
Submitted By: Plaintiff
Relevance:
This document establishes the relationship between the deceased and the family members.
Reference:
Ext.A11
Document Type: Advertisement
Submitted By: Plaintiff
Relevance:
This document provides evidence of the respondent's intent to lease the plaint schedule property.
Reference:
Ext.A12
Document Type: Commission Report
Submitted By: Court
Relevance:
This document records the findings of the advocate commissioner regarding the plaint schedule property.
Reference:
Ext.C1

Case Classification

Case Type
Civil Suit
Category
Property and Possession Disputes
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Unauthorized occupation
Case Code
Case between Subish K.S vs Sujith K.S regarding temporary prohibitory injunction
Case Code Year
Case between Subish K.S vs Sujith K.S regarding temporary prohibitory injunction

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Case Closed
From
Sun, 06/01/2025 - 12:00
To
Mon, 06/30/2025 - 12:00
Outcome Confidence
80%

Involved Entities

Private Individual

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