Case Summary
Petition filed by the plaintiffs under Order 39 Rule 1 r/w Sec.151 of the Code of Civil Procedure for an order of temporary prohibitory injunction against the defendants to prevent trespassing into their property. Defendants dispute claims of trespass and assert their legitimate right to the property. The core issue revolves around the rightful office bearers of the association.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Order of Temporary Prohibitory Injunction
Case Type
Interim Injunction
Final Judgment
No
Petitioners granted the order of temporary prohibitory injunction to prevent further trespassing into their property.
Why Plaintiff Won:
Petitioners established a prima facie case for the grant of injunction and showed balance of convenience in their favor.
Petitioners established a prima facie case for the grant of injunction and showed balance of convenience in their favor.
Losing Side's Weaknesses:
Petitioners established a prima facie case for the grant of injunction and showed balance of convenience in their favor.
Petitioners established a prima facie case for the grant of injunction and showed balance of convenience in their favor.
Supporting Evidence
Judgment Evidence:
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- All Kerala Gold and Silver Merchant's Association
- Relation
- Represented by General Secretary
- Party Role
- Plaintiff
- Party Name
- Justin Palathara alias P.C.Joseph
- Party Age
- 65
- Relation
- S/o P.T.Cherian, President
- Party Role
- Plaintiff
- Party Name
- Rajan Thoppil
- Party Age
- 64
- Relation
- S/o Joseph, General Secretary
- Party Role
- Plaintiff
- Party Name
- Luke Kuriakose alias Joy Pazhemadam
- Party Age
- 65
- Relation
- S/o Kuriakose, working secretary
- Party Role
- Plaintiff
- Party Name
- Babu Antony alias Babu Alappatt
- Party Age
- 66
- Relation
- S/o P.T.Antony, President
- Party Role
- Defendant
- Party Name
- B.Govindan
- Party Age
- 75
- Relation
- S/o Bhima Bhat, Proprietor
- Party Role
- Defendant
- Party Name
- K.Surendran
- Party Age
- 63
- Relation
- Father name not known to plaintiff's
- Party Role
- Defendant
- Party Name
- Adv.Abdul Nazar
- Party Age
- 54
- Relation
- Father name not known to plaintiff's
- Party Role
- Defendant
- Party Name
- P.C.Roy
- Party Age
- 70
- Relation
- S/o Cherian
- Party Role
- Defendant
- Party Name
- James Jose
- Party Age
- 60
- Relation
- S/o Jose
Plaintiffs Documents
Document no. 1150/1998 of Ernakulam SRO, Document no.2542/1998 of Ernakulam SRO, Copy of Judgment in O.S no. 1471/2014 of IIⁿᵈ Munsiff court, Ernakulam, Copy of Tax receipt issued by Ernakulam Village Office, Copy of notice published by defendants 1 and 10 in Deshabhimani, Copy of application issued by 1st defendant and others to Secretary Corporation of Kochi obtained under RTI Act, Copy of proceedings of the corporation obtained under the RTI Act, Copy of memo issued by Corporation kochi obtained under RTI act, Copy of the building permit issued to the plaintiff association, Copy of certificate of registration issued by the District Registrar Alappuzha, copy of acknowledgement issued by District Registrar regarding filing income and expenditure statement and also the name and address of the office bearers as required under Rules 6,7 and 13 under Act 12 of 1955 dated 18.06.2019, 01.10.2020,06.01.2022 and 12.08.2022, Copy of income tax return acknowledgment for the assessment year 2022-23 in favour of plaintiff association, Copy of the cheque issued by Dhanalaxmi Bank, Ernakulam Branch for an amount of Rs. 53,190/- to Secretary corporation of Kochi, Copy of the property tax receipt issued by Ernakulam Municipal Corporation for the payment of the property tax in respect of plaint A schedule building
Defendants Documents
Advocates
Reliefs
Relief Type:
Injunction
Outcome:
Granted
Description:
Interim order of injunction sought by petitioners to prevent further trespassing
Evidence:
Documents show prima facie case for equitable relief in favor of petitioners
Documents & Evidence
Document Type:
Judgment of OS.1471/2014
Submitted By:
Plaintiff
Relevance:
Judgment details of previous case involving the petitioners
Reference:
Ext.A3
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Copy of tax receipt issued by Ernakulam Village Office
Reference:
Ext.A4
Document Type:
Notice
Submitted By:
Plaintiff
Relevance:
Copy of notice published by defendants 1 and 10 in Deshabhimani
Reference:
Ext.A5
Document Type:
RTI application
Submitted By:
Plaintiff
Relevance:
Copy of RTI application issued by defendants to Secretary Corporation of Kochi
Reference:
Ext.A6
Document Type:
Building Permit
Submitted By:
Plaintiff
Relevance:
Copy of building permit issued to the plaintiff association
Reference:
Ext.A9
Document Type:
Ownership Certificate
Submitted By:
Plaintiff
Relevance:
Copy of ownership certificate issued by Corporation of Kochi in favor of plaintiff association
Reference:
Ext.A10
Document Type:
Oral Evidence
Submitted By:
Court
Relevance:
Reference:
Case Classification
Case Type
Interim Injunction
Category
Injunction and Access Rights
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Trespassing
Case Code
Case between All Kerala Gold and Silver Merchant's Association et al vs B.Govindan et al regarding Order of Temporary Prohibitory Injunction
Case Code Year
Case between All Kerala Gold and Silver Merchant's Association et al vs B.Govindan et al regarding Order of Temporary Prohibitory Injunction