Case Summary
Alex Cherian filed a petition against Georgekutty Mathai for a temporary mandatory injunction to remove newly placed locks on property used for his business. The plaintiff claims that the defendant's actions prevent access to the property and threaten irreparable loss.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The respondent shall remove the lock installed by the respondent.
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the petitioner, allowing the motion for a temporary mandatory injunction. The defendant must remove the newly placed locks on the property.
Why Plaintiff Won:
The court recognized that the petitioner is still a tenant and prevented obstruction to peaceful enjoyment of the premises.
The court recognized that the petitioner is still a tenant and prevented obstruction to peaceful enjoyment of the premises.
Losing Side's Weaknesses:
The court recognized that the petitioner is still a tenant and prevented obstruction to peaceful enjoyment of the premises.
The court recognized that the petitioner is still a tenant and prevented obstruction to peaceful enjoyment of the premises.
Supporting Evidence
It is true that interim mandatory injunction can be allowed in unavoidable circumstances. In the present case, the respondent could evict the petitioner only by due process of law.
Judgment Evidence:
In the result: I.A.3/2024 is disposed.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Alex Cherian
- Relation
- Proprietor, Computer Graphics, Laser Press
- Party Role
- Defendant
- Party Name
- Georgekutty Mathai
Plaintiffs Documents
Legal Notice dated 05.07.2024
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Adv. Vijimon Kuruvilla
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Adv. Greeshma Viji
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Adv. Salomy Cissil Biju
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Adv. K A Bhadran
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Adv. Manishkumar K K
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Adv. Kannan Mohan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Adv. Joby Gopal
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
Directing the respondent/defendant to remove the newly placed locks on the shutters of the plaint schedule item no.1 property.
Evidence:
Hence the respondent shall remove the lock installed by the respondent.
Documents & Evidence
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
Legal notice dated 05.07.2024 informing the petitioner about the arrears of rent and directing to vacate the premises.
Reference:
Ext.A1
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report filed by Adv. Anjitha S related to the conditions of the plaint schedule item no.1 property.
Reference:
Ext.C1
Document Type:
Rough Sketch
Submitted By:
Court
Relevance:
Rough sketch filed by Adv. Anjitha S accompanying the Commission report.
Reference:
Ext.C1(a)
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
2024