Skip to main content
Niyamam AI Niyamam AI

Main navigation

  • Home
  • Lawyer Login
  • Lawyer Registration
  • About us
  • Contact
OS.340/2024

Case between Vijayamma vs Saith regarding temporary injunction

Court
COURT OF THE MUNSIFF, PERUMBAVOOR
Judge
Smt. Alshari A.
Order Date
2025-01-09
Duration
Case Code No.
340
Case Closed

Judgement document from eCourt website

Judgment Document
Save Case Find Similar Cases

Case Summary

The petitioner, Vijayamma, seeks a temporary injunction against the respondent, Saith, to stop him from excavating soil that is affecting her property’s lateral support. The petitioner claims to have enjoyed the lateral support for over 50 years, while the respondent denies this and asserts the legitimacy of his construction activities.

Judgment Outcome

Plaintiff Won
Interim Order
The petition for temporary injunction is allowed. The respondent is restrained from excavating soil within 5 meters from the boundary that affects the lateral support of the petitioner’s property.
Judgment Favored
Plaintiff
Relief Granted
Temporary injunction against excavation
Case Type
Civil Suit
Final Judgment
No
The petition for temporary injunction is allowed. The respondent is restrained from excavating soil within 5 meters from the boundary that affects the lateral support of the petitioner’s property.
Why Plaintiff Won:
The petitioner established a prima facie case, and the balance of convenience favored her.
Losing Side's Weaknesses:
The petitioner established a prima facie case, and the balance of convenience favored her.
Supporting Evidence
Hence, the petition stands allowed. The balance of convenience is in favour of the petitioner.

Judgment Evidence:

In the result, the petition is allowed as follows: The respondent or his men are restrained from excavating soil to a distance of 5 meters from the boundary of plaint A schedule property in the plaint B schedule property by losing the lateral support to plaint A schedule property, by way of temporary injunction.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Vijayamma
Party Age
67
Relation
D/o
Party Role
Defendant
Party Name
Saith
Party Age
50
Plaintiffs Documents
Settlement deed bearing No. 3018/89, document bearing No. 2341/1970
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
A R Bijoy
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Martin Davis
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Athira Thampi
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Ashna Augustin
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Charls Devassy
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Aysha Nazal
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
S Rashmi
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
M M Aliyar
Appearance Type
Main Counsel

Reliefs

Relief Type: Injunction
Outcome: Granted
Description:
Temporary injunction restraining the respondent from excavating soil to a distance of 5 meters from the boundary of plaint A schedule property.
Evidence:
In view of the above discussions, I find that, the petitioner is entitled for the relief of temporary injunction as prayed for.

Documents & Evidence

Document Type: Settlement Deed
Submitted By: Plaintiff
Relevance:
The property was assigned in favor of the petitioner by virtue of this document.
Reference:
No. 3018/89
Document Type: Title deed
Submitted By: Plaintiff
Relevance:
The property originally belonged to the father of the petitioner as per this document.
Reference:
No. 2341/1970
Document Type: Commission Report
Submitted By: Court
Relevance:
The commission report noted the excavation of soil and destruction of boundaries.
Reference:
null
Document Type: Affidavit
Submitted By: Court
Relevance:
The statements in the affidavit supported the petitioner's case.
Reference:
null

Case Classification

Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Kolenchery
Common Reasons
Case Code
OS.
Case Code Year
2024

Quick Facts

Location
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Kolenchery
Case Filed
Case Closed
From
Wed, 01/01/2025 - 12:00
To
Fri, 01/31/2025 - 12:00
Outcome Confidence
100%

Involved Entities

Similar Cases

Case between Saraswathy, Rugmini, Omana vs Balakrishnan et al regarding partition and injunction
THE COURT OF THE MUNSIFF, PERUMBAVOOR
Civil Suit Defendant Won
Case between Sebastian et al vs Vicar, St. Marys Catholic Church et al regarding family tombs.
COURT OF THE MUNSIFF, PERUMBAVOOR
Civil Suit Defendant Won
Case between Anie Ittan W/o Ittan et al vs Kurian S/o Joseph regarding Permanent Prohibitory Injunction
The Court of the Munsiff Kolenchery
Civil Suit Plaintiff Won
Case between Shibi Baby W/o Baby Joseph vs George S/o Paulose regarding declaration and injunction
THE MUNSIFF AT KOLENCHERY
Civil Suit Plaintiff Won
Case between Shibi Baby, W/o Baby Joseph et al vs George S/o Paulose regarding permanent prohibitory injunction
THE COURT OF THE MUNSIFF KOLENCHERY
Civil Suit Plaintiff Won