Aravindaksha Menon vs Devayani Advocate - JAGADEESH K — 200029/2025
Case under Code of Civil Procedure Section Order43Rule1. Disposed: Contested--DISMISSED on 30th March 2026.
CMA - CIVIL MISCELLANEOUS APPEAL
CNR: KLTR130004762025
e-Filing Number
14-07-2025
Filing Number
203390/2025
Filing Date
14-Jul-2025
Registration No
200029/2025
Registration Date
14-Jul-2025
Court
Sub Court, Irinjalakuda
Judge
1-Principal Sub Judge
Decision Date
30-Mar-2026
Nature of Disposal
Contested--DISMISSED
Last updated 15-Jun-2026
Acts & Sections
Petitioner(s)
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1.Aravindaksha Menon
Adv. RAJESH THAMPAN
Respondent(s)
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1.Devayani Advocate - JAGADEESH K
Case History
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Case disposedDisposed
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30-Mar-2026
JudgementView PDF
Summary of Case 200029/2025 (CMA 29/2025) Court: Principal Sub Judge, Irinjalakuda Date: 30 March 2026 Decision: The Civil Miscellaneous Appeal was dismissed. The trial court's rejection of the temporary injunction petition was upheld. Key Facts: Aravindaksha Menon sought a temporary injunction restraining the respondents (heirs of his deceased brother Balachandra Menon) from construction activities, alleging they had encroached approximately 70 cents on his property by erecting concrete posts that reduced his road frontage from ~33 metres to 9.2 metres. The appellant claimed unauthorized boundary obliteration and ongoing construction in disputed areas. Court's Reasoning: While the appellant established a prima facie case showing unequal road frontage distribution, the court found the balance of convenience favored the respondents because: (1) they had substantially progressed with residential construction with all required permits and approvals; (2) they filed an unconditional undertaking to demolish any encroaching portions if the suit succeeds; and (3) the earlier related suit (OS 1860/2007) concerned different boundary disputes. The respondents' undertaking rendered the irreparable injury test favorable to them over the petitioner. This case analysis is maintained by casestatus.in based on publicly available court records.
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30-Mar-2026
Disposed
Principal Sub Judge
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17-Mar-2026
Order/ Judgement
Principal Sub Judge
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16-Mar-2026
For further hearing
Principal Sub Judge
-
13-Mar-2026
For Hearing
Principal Sub Judge
-
12-Mar-2026
For production of documents/Affidavit
Principal Sub Judge
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05-Mar-2026
For Hearing
Principal Sub Judge
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03-Mar-2026
Call on
Principal Sub Judge
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18-Feb-2026
Await Lcr
Principal Sub Judge
-
08-Jan-2026
Await Lcr
Principal Sub Judge
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09-Dec-2025
Await Lcr
Principal Sub Judge
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14-Nov-2025
For L C R
Principal Sub Judge
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16-Aug-2025
Issue notice
Principal Sub Judge
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15-Jul-2025
First hearing
Initial hearing scheduled
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14-Jul-2025
Case filed
Registration No. 200029/2025
Summary of Case 200029/2025 (CMA 29/2025) Court: Principal Sub Judge, Irinjalakuda Date: 30 March 2026 Decision: The Civil Miscellaneous Appeal was dismissed. The trial court's rejection of the temporary injunction petition was upheld. Key Facts: Aravindaksha Menon sought a temporary injunction restraining the respondents (heirs of his deceased brother Balachandra Menon) from construction activities, alleging they had encroached approximately 70 cents on his property by erecting concrete posts that reduced his road frontage from ~33 metres to 9.2 metres. The appellant claimed unauthorized boundary obliteration and ongoing construction in disputed areas. Court's Reasoning: While the appellant established a prima facie case showing unequal road frontage distribution, the court found the balance of convenience favored the respondents because: (1) they had substantially progressed with residential construction with all required permits and approvals; (2) they filed an unconditional undertaking to demolish any encroaching portions if the suit succeeds; and (3) the earlier related suit (OS 1860/2007) concerned different boundary disputes. The respondents' undertaking rendered the irreparable injury test favorable to them over the petitioner. This case analysis is maintained by casestatus.in based on publicly available court records.
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