Case Summary
Abraham Philipose filed a petition for a temporary injunction against Aby Joseph and others to prevent obstruction in using a road and protect his property from trespassing. The court granted an ad interim injunction on the same day.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Ad interim injunction granted restraining the defendants from causing obstruction.
Case Type
Civil Suit
Final Judgment
No
The court has granted an ad interim injunction in favor of the plaintiff to prevent the defendants from obstructing the use of the road and damaging his property.
Why Plaintiff Won:
Prima facie case has been made out.
Prima facie case has been made out.
Losing Side's Weaknesses:
Prima facie case has been made out.
Prima facie case has been made out.
Supporting Evidence
I am satisfied that prima facie case has been made out and if notice issued delay will occurred which will defeat the very purpose of the above application.
Judgment Evidence:
Hence an ad interim injunction is granted restraining the counter petitioners and people under them from causing obstruction to the user of the plaint D schedule road portion, from trespassing into the plaint A schedule property and from committing waste or mischief in the plaint A schedule property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Abraham Philipose
- Party Age
- 52
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Aby Joseph
- Party Age
- 50
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Jiby George
- Party Age
- 52
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Siby George
- Party Age
- 46
- Relation
- S/o
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- K Karjet
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Injunction
Outcome:
Granted
Description:
Ad interim injunction restraining the counter petitioners and people under them from causing obstruction to the user of the plaint D schedule road portion, from trespassing into the plaint A schedule property and from committing waste or mischief in the plaint A schedule property.
Evidence:
Hence an ad interim injunction is granted restraining the counter petitioners and people under them from causing obstruction to the user of the plaint D schedule road portion, from trespassing into the plaint A schedule property and from committing waste or mischief in the plaint A schedule property.
Documents & Evidence
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Common Reasons
Case Code
OS
Case Code Year
2025