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O.S 31/2025

Case between T.V. Abraham et al vs Ajitha et al regarding temporary prohibitory injunction.

Court
COURT OF THE MUNSIFF KANJIRAPPALLY
Judge
Smt. Smitha Susan Mathew
Order Date
2025-02-18
Duration
Case Code No.
31
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

The petitioners, T.V. Abraham and Mariyamma Abraham, filed for a temporary prohibitory injunction against the respondents, Ajitha, Prasanth, and Omana. The court found that the plaintiffs have a prima facie case and that refusing the injunction may cause irreparable injury to them.

Judgment Outcome

Plaintiff Won
Interim Order
The court granted the plaintiffs a temporary prohibitory injunction to prevent the defendants from making constructions that would obstruct the plaintiffs' access to a specified item of property.
Judgment Favored
Plaintiff
Relief Granted
Temporary prohibitory injunction restraining respondents from making constructions obstructing the ingress and egress of plaintiff.
Case Type
Civil Suit
Final Judgment
No
The court granted the plaintiffs a temporary prohibitory injunction to prevent the defendants from making constructions that would obstruct the plaintiffs' access to a specified item of property.
Why Plaintiff Won:
Plaintiffs have a prima facie case and balance of convenience is in their favour.
Losing Side's Weaknesses:
Plaintiffs have a prima facie case and balance of convenience is in their favour.
Supporting Evidence
From the records on file, the court is satisfied that plaintiff has a primafacie case and balance of convenience is in his favour.

Judgment Evidence:

Hence respondents are restrained from reducing the width of plaint schedule item No. 3 by making constructions including any portion of plaint schedule item No. 3, putting up gate in any portion of plaint schedule item No. 3 obstructing the ingress and egress of plaintiff through plaint schedule item No. 3 and committing any waste therein until further orders.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
T.V. Abraham
Party Age
63
Relation
S/o
Party Role
Plaintiff
Party Name
Mariyamma Abraham
Party Age
60
Relation
W/o
Party Role
Defendant
Party Name
Ajitha
Party Age
65
Relation
W/o
Party Role
Defendant
Party Name
Prasanth
Party Age
25
Relation
S/o
Party Role
Defendant
Party Name
Omana
Party Age
65
Relation
D/o
Plaintiffs Documents
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
K.S Sajikumar
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Girish S. Nair
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
D. Biju
Appearance Type
Main Counsel

Reliefs

Relief Type: Injunction
Outcome: Granted
Description:
temporary prohibitory injunction
Evidence:
the court is satisfied that plaintiff has a primafacie case and balance of convenience is in his favour.

Documents & Evidence

Case Classification

Case Type
Civil Suit
Category
Other Civil Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Kanjirappally
Common Reasons
Case Code
O.S
Case Code Year
2025

Quick Facts

Location
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Kanjirappally
Case Filed
Case Closed
From
Wed, 01/01/2025 - 12:00
To
Fri, 02/28/2025 - 12:00
Outcome Confidence
85%

Involved Entities

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