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O.S No.57/2020

Case between Thresiamma @ Omana vs Thankachan.P.P. et al regarding permanent prohibitory injunction.

Court
COURT OF THE MUNSIFF, VAIKOM
Judge
Kum. Abhinimol Rajendran
Order Date
2025-03-29
Duration
approximately-5 years 2 months
Case Closed
Sat, 03/29/2025 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

Thresiamma @ Omana claims ownership of a property and seeks a permanent prohibitory injunction against her neighbors, including Thankachan.P.P., regarding the encroachment of a pathway. The defendants argue that the property is part of a public embankment maintained by the State.

Judgment Outcome

Defendant Won
Interim Order
The court found that the plaintiff failed to prove her case for a permanent prohibitory injunction. Thus, the suit was dismissed.
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court found that the plaintiff failed to prove her case for a permanent prohibitory injunction. Thus, the suit was dismissed.
Key Reasoning:
The plaintiff did not prove prima facie case, balance of convenience, and irreparable injury.
Why Defendant Won:
The plaintiff did not prove prima facie case, balance of convenience, and irreparable injury.
Supporting Evidence
The plaintiff has failed to prove a prima facie case, balance of convenience and irreparable injury in favour of them.

Judgment Evidence:

In the result, the suit is dismissed. No costs.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Thresiamma @ Omana
Party Age
60
Relation
D/o
Party Role
Defendant
Party Name
Thankachan.P.P.
Party Age
53
Relation
S/o
Party Role
Defendant
Party Name
Joseph @ George
Party Age
50
Relation
S/o
Party Role
Defendant
Party Name
Scaria @ Bosen Maniyan
Party Age
65
Party Role
Defendant
Party Name
Lalu
Party Age
45
Relation
S/o
Party Role
Defendant
Party Name
Yedulal
Party Age
20
Relation
S/o
Plaintiffs Documents
Certified copy of sale deed No.1474/1984 of SRO Vechoor, Tax Receipt No. KL 05051507872/19 of Vechoor Village.
Defendants Documents
Photos 3 in numbers.

Advocates

Party Role
Plaintiff
Advocate Name
K.A.Shyla
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
K.K.Sasidharan
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
B.Biju
Appearance Type
Main Counsel

Reliefs

Relief Type: Permanent Injunction
Outcome: Refused
Description:
Plaintiff sought a permanent prohibitory injunction against defendants from encroaching upon the plaint schedule property.
Evidence:
The court found that the plaintiff failed to prove prima facie case, balance of convenience, and irreparable injury.

Documents & Evidence

Document Type: Sale deed
Submitted By: Plaintiff
Relevance:
Document establishing the plaintiff's ownership of the plaint schedule property.
Reference:
Ext.A1
Document Type: Tax receipt
Submitted By: Plaintiff
Relevance:
Document showing the payment of land tax for the property in dispute.
Reference:
Ext.A2
Document Type: Photos
Submitted By: Defendant
Relevance:
Evidence provided by the defendants showing the disputed condition of the property.
Reference:
Ext.B1 series
Document Type: Commission Report
Submitted By: Court
Relevance:
Official reports prepared by the Advocate Commissioner outlining the state of the plaint schedule property.
Reference:
Ext.C1, C1(a), C2, C2(a), C2(d), C2(e), C3, C3(a) series

Case Classification

Case Type
Civil Suit
Category
Other Civil Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Vaikom
Common Reasons
Case Code
Case between Thresiamma @ Omana vs Thankachan.P.P. et al regarding permanent prohibitory injunction.
Case Code Year
Case between Thresiamma @ Omana vs Thankachan.P.P. et al regarding permanent prohibitory injunction.

Quick Facts

Location
Vaikom Taluk
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Vaikom
Case Filed
Thu, 01/30/2020 - 12:00
Case Closed
Sat, 03/29/2025 - 12:00
From
Sat, 03/01/2025 - 12:00
To
Wed, 04/30/2025 - 12:00
Outcome Confidence
80%

Involved Entities

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