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
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
Why Plaintiff Won:
The petitioner demonstrated ownership of the property and the likelihood of suffering irreparable harm without the injunction.
The petitioner demonstrated ownership of the property and the likelihood of suffering irreparable harm without the injunction.
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
Plaintiffs
Subish K.S (34 years years)
Koyiparambil house, Kaniyampuzha road, Mathoor, Tripunithura, Nadama Village, Eroor Desom, Kanayannoor taluk, Eroor P.O, Pin – 682 306
Meera Subish @ Meera Aravindhan (32 years years)
Koyiparambil house, Kaniyampuzha road, Mathoor, Tripunithura, Nadama village, Eroor desom, Kanayannoor taluk, Eroor P.O, Pin – 682 306
Defendants
Sujith K.S (35 years years)
Koyiparambil house, Puthenkurish, Vadavucode P.O, Ernakulam, Pin – 682 310
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