Case Summary
Anoop D is seeking a temporary injunction against D D Diamond Valley Apartment Owners Association and others to prevent them from forcibly evicting him from properties he claims to lease for his beauty salon. The defendants argue that he has no rightful claim to the properties and that their actions are justified.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court dismissed the petition due to insufficient evidence that the plaintiff had any rights to the properties in question. The defendants demonstrated that the plaintiff had failed to prove a prima facie case.
Key Reasoning:
The plaintiff failed to present a prima facie case showing entitlement to occupy the properties.
The plaintiff failed to present a prima facie case showing entitlement to occupy the properties.
Why Defendant Won:
Not available
Not available
Supporting Evidence
The court satisfied that plaintiff has failed to prove his case. The case has no merits and the balance of convenience favors the defendants.
Judgment Evidence:
In the result, the petition is dismissed. Considering the facts and circumstances of the case, parties are directed to bear their respective costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Anoop D
- Party Age
- 34
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- D D Diamond Valley Apartment Owners Association
- Relation
- Represented by Secretary Nidhin
- Party Role
- Defendant
- Party Name
- Unnikrishnan P P
- Party Age
- 62
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sreenivasan
- Party Age
- 65
Plaintiffs Documents
Copy of rental and operational agreement, Copy of rent agreement, Sale agreement
Defendants Documents
Copy of Rent agreement between D3 and Mrs. Santhi Krishna, Copy of Lease deed, Copy of License issued from Thrikkakara Municipality to Mrs. Santhi Krishna, Rent receipts, Copy of newspaper articles.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Netto N J
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Arun T S
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- B Surjith
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Rahana Jose
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Lijo Joseph
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Akshaya Reghu
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Ajay N S
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Babykuttan K C
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Udayakumar P P
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Varghesekutty K P
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Jaya D
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Neeraj T N
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Temporary Injunction
Outcome:
Refused
Description:
Seeking injunction against respondents from forcibly evicting petitioner from plaint A and B schedule properties.
Evidence:
This court is satisfied that plaintiff has failed to prove his case.
Documents & Evidence
Document Type:
Rental and Operational Agreement
Submitted By:
Plaintiff
Relevance:
Executed between plaintiff and 1st defendant with respect to plaint A schedule property.
Reference:
Ext.A1
Document Type:
Rent Agreement
Submitted By:
Plaintiff
Relevance:
Copy of rent agreement between Santhikrishna and 3rd defendant dated 03.06.2022.
Reference:
Ext.A2
Document Type:
Sale Agreement
Submitted By:
Plaintiff
Relevance:
Sale agreement entered between Santhikrishna and plaintiff.
Reference:
Ext.A3
Document Type:
Rent Agreement
Submitted By:
Defendant
Relevance:
Copy of rent agreement between 3rd defendant and Mrs. Santhi Krishna.
Reference:
Ext.B1
Document Type:
Lease Deed
Submitted By:
Defendant
Relevance:
Copy of Lease deed between Mrs. Santhi Krishna and Mr. S B Hari.
Reference:
Ext.B2
Document Type:
License
Submitted By:
Defendant
Relevance:
Copy of License issued from Thrikkakara Municipality to Mrs. Santhi Krishna.
Reference:
Ext.B3
Document Type:
Rent Receipt
Submitted By:
Defendant
Relevance:
Rent receipt issued by 1st defendant to daughter of 2nd defendant.
Reference:
Ext.B4
Document Type:
Rent Receipt
Submitted By:
Defendant
Relevance:
Rent receipt issued by 1st defendant to daughter of 2nd defendant.
Reference:
Ext.B5
Document Type:
Newspaper Article
Submitted By:
Defendant
Relevance:
Copy of newspaper article in 'Kerala Kaumudi'.
Reference:
Ext.B6
Document Type:
Article
Submitted By:
Defendant
Relevance:
True copy of article in 'Success Kerala' in January, 2023.
Reference:
Ext.B7
Document Type:
Rent Agreement
Submitted By:
Defendant
Relevance:
Rent agreement entered into between 3rd defendant and Mrs. Santhi Krishna (daughter of 2nd defendant).
Reference:
Ext.B8
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between Anoop D vs D D Diamond Valley Apartment Owners Association et al regarding temporary injunction
Case Code Year
Case between Anoop D vs D D Diamond Valley Apartment Owners Association et al regarding temporary injunction