Case Summary
This case involves Vijayakrishnan Nair, who is seeking a temporary injunction against John to prevent obstruction in accessing a pathway and completing boundary fencing. The petitioner claims that the respondent has repeatedly attempted to block access to the pathway and has caused damage to the fencing.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Temporary injunction restraining the respondent from obstructing the pathway
Case Type
Civil Suit
Final Judgment
No
The court partially allowed the petition, restraining the respondent from causing further obstruction in the pathway. The petitioner is entitled to recover costs from the respondent.
Why Plaintiff Won:
The petitioner established a prima facie case and balance of convenience in their favor.
The petitioner established a prima facie case and balance of convenience in their favor.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The prima facie case and balance of convenience is in favour of the petitioner.
Judgment Evidence:
In the result, the petition is allowed in part. The respondent is hereby restrained from causing any obstruction in counter claim D schedule pathway until disposal of the suit.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Vijayakrishnan Nair @ Babu
- Party Age
- 67
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- John
- Party Age
- 69
- Relation
- S/o
Plaintiffs Documents
Complaint submitted before the SHO, Anchalumoodu, Photographs 6 Nos
Defendants Documents
Land tax receipt, Copy of settlement deed No. 3031/2019, Copy of field map No. 348 of Panayam Village.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sankarapillai. P.
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Arunkumar. K.S
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Temporary Injunction
Outcome:
Granted
Description:
The respondent is restrained from causing any obstruction in the D schedule pathway.
Evidence:
The respondent/counterclaim defendant is hereby restrained from causing any obstruction in counter claim D schedule pathway until disposal of the suit.
Relief Type:
Costs
Outcome:
Granted
Description:
The petitioner is entitled to realize costs from the respondent.
Evidence:
The petitioner is entitled to realise costs of the petition from the respondent.
Documents & Evidence
Document Type:
Complaint
Submitted By:
Plaintiff
Relevance:
Complaint submitted before the SHO regarding obstruction in the D schedule pathway.
Reference:
Ext.A1
Document Type:
Photographs
Submitted By:
Plaintiff
Relevance:
Photographs related to the D schedule pathway.
Reference:
Ext.A2
Document Type:
Land Tax Receipt
Submitted By:
Defendant
Relevance:
Land tax receipt indicating ownership and property details.
Reference:
Ext.B1
Document Type:
Settlement Deed
Submitted By:
Defendant
Relevance:
Copy of settlement deed relevant to the property dispute.
Reference:
Ext.B2
Document Type:
Field Map
Submitted By:
Defendant
Relevance:
Field map indicating the layout and boundaries of the property.
Reference:
Ext.B3
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report detailing findings on the property and pathway.
Reference:
Ext.C1 series
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Case Code
Case between Vijayakrishnan Nair @ Babu vs John regarding temporary injunction
Case Code Year
Case between Vijayakrishnan Nair @ Babu vs John regarding temporary injunction