Case Summary
The plaintiffs, T.G Jayasree and others, filed a petition to restrain the defendants from obstructing the construction of temporary wire fencing on their property. The defendants opposed the petition, claiming it would block their pathway to the public road.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Respondents are restrained by a temporary injunction from obstructing the construction of temporary wire fencing in the plaint schedule property until further orders.
Case Type
Injunction
Final Judgment
No
Why Plaintiff Won:
The petitioners established a prima facie case and proved that irreparable injury would occur if the injunction was not granted.
The petitioners established a prima facie case and proved that irreparable injury would occur if the injunction was not granted.
Judgment Evidence:
In the result, petition is allowed. Respondents are restrained by a temporary injunction from obstructing the construction of temporary wire fencing in the plaint schedule property by the petitioners until further orders.
Parties Involved
Plaintiffs
T.G Jayasree (73 years years)
Thayyadayil House, Amballur, Amballur P.O, Amballur Village, Kanayannur Taluk, Ernakulam District.
Divya T. Ravindran (41 years years)
Thayyadayil House, Amballur, Amballur P.O, Amballur Village, Kanayannur Taluk, Ernakulam District.
Devan T. Ravindran (33 years years)
Thayyadayil House, Amballur, Amballur P.O, Amballur Village, Kanayannur Taluk, Ernakulam District.
Defendants
Jessy Samuel (55 years years)
Vettathuparambil House, Amballur, Amballur P.O, Amballur Village, Kanayannur Taluk, Ernakulam District.
David @ Sunny (48 years years)
Mundangamattathil House, Amballur, Amballur P.O, Amballur Village, Kanayannur Taluk, Ernakulam District.
Mary Viji (46 years years)
Mundangamattathil House, Amballur, Amballur P.O, Amballur Village, Kanayannur Taluk, Ernakulam District.
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Temporary injunction restraining the respondents from obstructing the construction of wire fencing.
Evidence:
Respondents are restrained by a temporary injunction from obstructing the construction of temporary wire fencing in the plaint schedule property by the petitioners until further orders.
Documents & Evidence
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of the partition deed proving the ownership and possession of the petitioners over the plaint schedule property.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Proof of tax payment from the Village office establishing the plaintiffs' ownership.
Reference:
Ext.A2
Document Type:
Complaint
Submitted By:
Plaintiff
Relevance:
Complaint filed before the Secretary indicating issues faced by the plaintiffs regarding the respondents' cattle.
Reference:
Ext.A3
Document Type:
Possession Certificate
Submitted By:
Plaintiff
Relevance:
Certificate showing the plaintiffs' legal possession of the property.
Reference:
Ext.A4
Document Type:
Letter
Submitted By:
Plaintiff
Relevance:
Response from the Grama Panchayat instructing the respondents to refrain from causing damage to the plaintiffs' property.
Reference:
Ext.A5
Document Type:
Letter with Sketch
Submitted By:
Plaintiff
Relevance:
Sketch provided by the Tahasildar delineating the boundaries of the property.
Reference:
Ext.A6
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
Document establishing the authority of the plaintiffs' mother to represent them.
Reference:
Ext.A7
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Report detailing the condition of the property and issues related to the respondents' cattle.
Reference:
Ext.C1