Case Summary
The plaintiffs are Ajeesh Krishnan and Haridas T.P, who are members of the Kerala Pulayar Mahasabha (KPMS). They seek a declaration and injunction against the defendants claiming to be the office bearers of KPMS despite being removed due to misconduct.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
A decree restraining the defendants from conducting elections in the name of KPMS and a decree of permanent prohibitory injunction.
Case Type
Civil Suit
Final Judgment
No
The court granted a decree restraining the defendants from conducting elections in the name of KPMS and from harassing the plaintiffs. The plaintiffs were also awarded costs of the suit.
Why Plaintiff Won:
The plaintiff's case was uncontroverted as no evidence was presented by the defendant to dispute the claims.
The plaintiff's case was uncontroverted as no evidence was presented by the defendant to dispute the claims.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The unrebutted oral testimony of PW1 established his case as pleaded by him. In the absence of any countervailing evidence to contradict this proof...
Judgment Evidence:
In the result, the suit decreed as follows: 1. A decree restraining the defendants No. 1 to 3, their men and agents from conducting the election in the name of KPMS...
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Ajeesh Krishnan
- Party Age
- 33
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Haridas T.P
- Party Age
- 36
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Thuravoor Suresh
- Party Age
- 44
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- N.K Neelakandan
- Party Age
- 55
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- P.P Vava
- Party Age
- 66
- Relation
- S/o
Plaintiffs Documents
Original bye-law of KPMS, Certified copy of the plaint in OS 235/2018, Certified copy of the written statement of defendant no. 1 in OS 235/2018.
Defendants Documents
Nil
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sherry J. Thomas
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Renish Raveendran
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- K.R. Vinod
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- M.S. Letha
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
A decree restraining the defendants from conducting the election in the name of KPMS.
Evidence:
In the result, the suit decreed as follows: A decree restraining the defendants No. 1 to 3, their men and agents from conducting the election in the name of KPMS at Tripunithura.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
A decree of permanent prohibitory injunction restraining the defendants from working as Regional State Committee Office in Tripunithura.
Evidence:
A decree of permanent prohibitory injunction restraining the defendants No. 1 to 3 and their men and agents from working as Regional State Committee Office in Tripunithura.
Relief Type:
Other
Outcome:
Granted
Description:
The plaintiffs are entitled to get costs of suit from the defendants.
Evidence:
The plaintiffs are entitled to get costs of suit from defendants and from their assets.
Documents & Evidence
Document Type:
Original bye-law of KPMS
Submitted By:
Plaintiff
Relevance:
Used to establish the governing rules of KPMS.
Reference:
Ext.A1
Document Type:
Certified copy of the plaint in OS 235/2018
Submitted By:
Plaintiff
Relevance:
Referenced to provide context on related litigation.
Reference:
Ext.A2
Document Type:
Certified copy of the written statement of Defendant No.1 in OS 235/2018
Submitted By:
Plaintiff
Relevance:
Used to outline the defense in related litigation.
Reference:
Ext.A3
Document Type:
Certified copy of the state General Body minutes
Submitted By:
Plaintiff
Relevance:
Demonstrated election of the 1st defendant as General Secretary.
Reference:
Ext.A4
Case Classification
Case Type
Civil Suit
Category
Injunction and Access Rights
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Unauthorized occupation
Case Code
Case between Ajeesh Krishnan et al vs Thuravoor Suresh et al regarding declaration and injunction
Case Code Year
Case between Ajeesh Krishnan et al vs Thuravoor Suresh et al regarding declaration and injunction