Case Summary
The case involves Tauseef Kalam and Asif M. Kalam as plaintiffs and Hussain C.S as the defendant. The plaintiffs are seeking a temporary injunction regarding access to a pathway connected to their property.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court dismissed the petition for temporary injunction as the plaintiffs failed to establish a prima facie case and balance of convenience was found in favor of the defendant.
Key Reasoning:
The plaintiffs did not establish a prima facie case regarding the blocking of access.
The plaintiffs did not establish a prima facie case regarding the blocking of access.
Why Defendant Won:
The plaintiffs did not establish a prima facie case regarding the blocking of access.
The plaintiffs did not establish a prima facie case regarding the blocking of access.
Supporting Evidence
It is seen that there is no need for any interim injunction to be granted in favour of the petitioners as prayed for.
Judgment Evidence:
In the result, the IA stands dismissed. Ad-interim order granted is vacated.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Tauseef Kalam
- Party Age
- 34
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Asif M. Kalam
- Party Age
- 29
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Hussain C.S @ Hussaini C.S
- Party Age
- 48
- Relation
- S/o
Plaintiffs Documents
Copy of document No. 375/2021
Defendants Documents
Copy of document No. 2434/2022, Photographs
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Jacob George
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Varghese Prem
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Injunction
Outcome:
Refused
Description:
Temporary injunction to restrain the respondents from obstructing usage of the plaint B schedule pathway.
Evidence:
It is seen that there is no need for any interim injunction to be granted in favour of the petitioners as prayed for.
Documents & Evidence
Document Type:
Document
Submitted By:
Plaintiff
Relevance:
Copy of document No. 375/2021 establishing ownership over plaint A schedule property.
Reference:
Ext.A1
Document Type:
Document
Submitted By:
Defendant
Relevance:
Copy of document No. 2434/2022 related to property sold to the first defendant.
Reference:
Ext.B1
Document Type:
Photographs
Submitted By:
Defendant
Relevance:
Photographs showing the condition of the gate claimed to be blocked.
Reference:
Ext.B2 series
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report filed for consideration of the petition.
Reference:
Ext.C1
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report providing details about the access issue mentioned in the petition.
Reference:
Ext.C2
Case Classification
Case Type
Civil Suit
Category
Injunction and Access Rights
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Unauthorized occupation
Case Code
Case between Tauseef Kalam et al vs Hussain C.S regarding temporary injunction
Case Code Year
Case between Tauseef Kalam et al vs Hussain C.S regarding temporary injunction