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
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.
Judgment Evidence:
Parties Involved
Plaintiffs
All Kerala Gold and Silver Merchant's Association (Age not specified years)
Swarna Bhavan, I.S.Press road, Ernakulam, Kochi -18
Justin Palathara alias P.C.Joseph (65 years)
Palathara house, Churulicode P.O, Pathanamthitta - 689 668
Rajan Thoppil (64 years)
Thoppil house, Perunna East P.O, Changanassery
Luke Kuriakose alias Joy Pazhemadam (65 years)
Pazhemadam house, Padinjarekkara P.O, Vaikom, Pin - 686 146
Babu Antony alias Babu Alappatt (66 years)
Purva Grand Bay, A.M.Road, Kochi - 682 018
Defendants
B.Govindan (75 years)
M.G.Road, Thiruvananthapuram, Pin - 695 001
K.Surendran (63 years)
Koduvally P.O, Kozhikode, Pin - 673 572
Adv.Abdul Nazar (54 years)
Koyikal Jewellers, Karunagappilly, Pin - 690 518
P.C.Roy (70 years)
Palathara house, District court ward, Alappuzha - 688 011
James Jose (60 years)
CGR Metalloise, Sadanam road, Ernakulam, South - 682 016
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: