Case Summary
Sushamakumari filed a petition against Shivanandan and Shailaja seeking a permanent prohibitory injunction for her property. The respondents allegedly attempted to alter the property boundaries and construct a wall, prompting legal action.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Injunction
Final Judgment
No
The petition was dismissed by the court, which found that the petitioner's claims did not establish her entitlement to the requested injunction.
Key Reasoning:
The petitioner failed to establish her right of way and irreparable injury, and the balance of convenience was not in her favor.
The petitioner failed to establish her right of way and irreparable injury, and the balance of convenience was not in her favor.
Why Defendant Won:
The petitioner failed to establish her right of way and irreparable injury, and the balance of convenience was not in her favor.
The petitioner failed to establish her right of way and irreparable injury, and the balance of convenience was not in her favor.
Supporting Evidence
The petitioner did not plead a right of way in her plaint or in her application. The balance of convenience also was not in her favor.
Judgment Evidence:
In the result, the petition is dismissed with costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sushamakumari
- Party Age
- 58
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Shivanandan
- Party Age
- 55
- Party Role
- Defendant
- Party Name
- Shailaja
- Party Age
- 45
- Relation
- W/o
Plaintiffs Documents
Copy of Sale deed No.3398/2001, Tax receipt, Complaint Copy, Aadhaar Copy, Copy of Sale deed No.920/88
Defendants Documents
True copy of Judgment in OS No. 1176/2013, True copy of final decree in IA No.2477/17 in OS No.1176/2013 (FDA)
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Ashok P Nair
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. Muralee Radhakrishnan
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. R.Kunjukrishnan Potti
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Refused
Description:
Injunction to restrain the respondents from any construction work in the plaint B schedule property
Evidence:
Hence this Court is of the view that the petitioner is not entitled for the discretionary relief of injunction.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Copy of Sale deed No.3398/2001
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Tax receipt
Reference:
Ext.A2
Document Type:
Photo
Submitted By:
Plaintiff
Relevance:
Original Photo
Reference:
Ext.A3
Document Type:
Complaint Copy
Submitted By:
Plaintiff
Relevance:
Complaint Copy
Reference:
Ext.A4
Document Type:
Aadhaar Copy
Submitted By:
Plaintiff
Relevance:
Aadhaar Copy
Reference:
Ext.A5
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Copy of Sale deed No.920/88
Reference:
Ext.A6
Document Type:
Judgment
Submitted By:
Defendant
Relevance:
True copy of Judgment in OS No. 1176/2013
Reference:
Ext.B1
Document Type:
Final Decree
Submitted By:
Defendant
Relevance:
True copy of final decree in IA No.2477/17 in OS No.1176/2013 (FDA)
Reference:
Ext.B2
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission Report
Reference:
Ext.C1
Document Type:
Sketch
Submitted By:
Court
Relevance:
Sketch
Reference:
Ext.C1(a)
Case Classification
Case Type
Injunction
Category
Other Civil Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Case Code
Case between Sushamakumari vs Shivanandan et al regarding injunction
Case Code Year
Case between Sushamakumari vs Shivanandan et al regarding injunction