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O.S.No. 787 /2024

Case between T.G Jayasree et al vs Jessy Samuel et al regarding temporary injunction against obstruction of construction.

Court
II ADDITIONAL MUNSIFF, ERNAKULAM
Judge
Smt. Needi.K. Dinamany
Order Date
2024-09-03
Duration
Case Code No.
787
Case Closed

Judgement document from eCourt website

Judgment Document
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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

Plaintiff Won
Interim Order
The court found in favor of the plaintiffs, allowing their petition for a temporary injunction.
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
The court found in favor of the plaintiffs, allowing their petition for a temporary injunction.
Why Plaintiff Won:
The petitioners established a prima facie case and proved that irreparable injury would occur if the injunction was not granted.
Losing Side's Weaknesses:
The petitioners established a prima facie case and proved that irreparable injury would occur if the injunction was not granted.
Supporting Evidence
The respondents have not adduced any evidence to show that the right of passage of respondents has been obstructed by wire fencing and thereby the respondents or their cattle cannot move out. Furthermore, the wire fencing is sought to be done in the petition schedule property and the respondents have no case that the petitioners are constructing wire fencing encroaching into respondents property.

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

Parties

Party Role
Plaintiff
Party Name
T.G Jayasree
Party Age
73
Relation
W/o late T.S Ravindran
Party Role
Plaintiff
Party Name
Divya T. Ravindran
Party Age
41
Relation
D/o late T.S Ravindran
Party Role
Plaintiff
Party Name
Devan T. Ravindran
Party Age
33
Relation
S/o late T.S Ravindran
Party Role
Defendant
Party Name
Jessy Samuel
Party Age
55
Relation
W/o Samuel
Party Role
Defendant
Party Name
David @ Sunny
Party Age
48
Relation
S/o Paily
Party Role
Defendant
Party Name
Mary Viji
Party Age
46
Relation
W/o David @ Sunny
Plaintiffs Documents
Certified copy of partition deed No.2397/1993, Tax paid receipt issued from the Village office, Amballur, Copy of complaint filed before the Secretary, Amballur Grama Panchayath, Possession Certificate issued from Amballur Village Office, Letter issued by the Secretary, Amballur Grama Panchayat, Letter issued from Tahasildar (LR), Kanayannur, General Power of Attorney executed between plaintiffs.
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
M.P Anitha
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
T.S Soumya
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
M.R Nandakumar
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Mayika Sundar
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Arjun Anil
Appearance Type
Main Counsel

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

Case Classification

Case Type
Injunction
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
O.S.NO.
Case Code Year
2024

Quick Facts

Location
Ernakulam District
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Case Closed
From
Sun, 09/01/2024 - 12:00
To
Mon, 09/30/2024 - 12:00
Outcome Confidence
95%

Involved Entities

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