Case Summary
Case between Aneesh M.T et al and Kanakamma regarding an ad-interim injunction order for business restrictions on 'Plaint C Schedule Property'.
Judgment Outcome
Judgment Favored
Unknown
Relief Granted
Restraining from any business in Plaint C Schedule Property and alienating the property until further orders.
Case Type
Injunction
Final Judgment
No
Ad-interim injunction order granted as petitioner made out a prima facie case justifying the relief sought.
Key Reasoning:
Petitioner established prima facie case for the injunction order.
Petitioner established prima facie case for the injunction order.
Losing Side's Weaknesses:
Petitioner established prima facie case for the injunction order.
Petitioner established prima facie case for the injunction order.
Supporting Evidence
Heard the learned counsel for the petitioner. Perused the affidavit and the documents produced. I am satisfied that the petitioner has made out a prima facie case justifying the grant of an ad-interim injunction.
Judgment Evidence:
Hence an ad-interim exparte injunction order is passed as follows: 2. The defendant / respondent or her men and agents restraining from any kind of business in the 'Plaint C Schedule Property' situated in Plaint A Schedule Property...
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Aneesh M.T
- Party Age
- 39
- Relation
- S/o Late Thankappan Achari
- Party Role
- Defendant
- Party Name
- Kanakamma
- Party Age
- 62
- Relation
- W/o Late Thankappan Achari
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sajan Mannali
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Shashikala V.N
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- M.P.Jayakumar
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Praseetha
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Haritha K.T
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Babu T Cherian
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Injunction
Outcome:
Granted
Description:
Ad-interim ex parte injunction granted to plaintiff
Evidence:
Issuance of notice dispensed with at this stage
Documents & Evidence
Document Type:
Affidavit
Submitted By:
Plaintiff
Relevance:
Supporting evidence for the grant of ad-interim injunction
Reference:
Document Type:
Plaint A Schedule Property
Submitted By:
Plaintiff
Relevance:
Property subject to the injunction
Reference:
Document Type:
Order 39 Rule 3 proviso of the Code of Civil Procedure, 1908
Submitted By:
Plaintiff
Relevance:
Invoking legal provision for issuance of notice to respondent
Reference:
Case Classification
Case Type
Injunction
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Kolenchery
Common Reasons
Case Code
Case between Aneesh M.T et al vs Kanakamma regarding Ad-interim Injunction Order
Case Code Year
Case between Aneesh M.T et al vs Kanakamma regarding Ad-interim Injunction Order