Case Summary
This case involves a dispute between Thankachan, the plaintiff, and Omana, the defendant, regarding the fixation of property boundaries and the removal of an encroaching structure. The plaintiff seeks to prevent any further construction that may damage his property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The petition was dismissed, and the injunction order granted to the plaintiff continues until further orders.
Why Plaintiff Won:
The court found that there was no change in circumstances to vacate the injunction order.
The court found that there was no change in circumstances to vacate the injunction order.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The petitioner has not brought forward any change in circumstances or that she has suffered any undue hardship.
Judgment Evidence:
In the result: - the petition is dismissed and the order of injunction granted to the plaintiff continues until further orders with no costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Thankachan
- Party Age
- 53
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Omana
- Party Age
- 61
- Relation
- W/o
Plaintiffs Documents
Settlement deed bearing No 170/2011 of the Puthencruz SRO
Defendants Documents
Advocates
- Party Role
- Defendant
- Advocate Name
- C.Devanand
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Aparna P.Menon
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- S.Ravikumar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Akhil George
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- K.A.Benny
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Injunction
Outcome:
Refused
Description:
The petitioner is seeking vacation of the injunction order.
Evidence:
Hence point no 2 is found against the petitioner.
Documents & Evidence
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Kolenchery
Common Reasons
Case Code
Case between Thankachan vs Omana regarding fixation of boundary and injunction.
Case Code Year
Case between Thankachan vs Omana regarding fixation of boundary and injunction.