Case Summary
Antony V.X filed a petition seeking a temporary prohibitory injunction against Sibeesh Manoharan and Martin V.X. The case revolves around a property transaction where Antony claims the sale deed was executed as security for a loan, which was not fully repaid.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
Key Reasoning:
The petitioner did not establish a prima facie case to warrant an injunction.
The petitioner did not establish a prima facie case to warrant an injunction.
Judgment Evidence:
In the result, the petition is dismissed.
Parties Involved
Plaintiffs
Antony V.X (60 years years)
Vettakkal veedu, Kulayattikkara desom, Kulayattikara P.O, Pin – 682 317, Kulayattikkara village, Kanayannur taluk, Ernakulam
Defendants
Sibeesh Manoharan (45 years years)
Mankuzhithundiyil, Thykoodam desom, Vytila P.O, Pin – 682 019, Punithura village, Kanayannur taluk, Ernakulam
Martin V.X (51 years years)
Vettakkal veedu, Kanjiramattom desom, Kanjiramattom P.O, Pin – 682 013, Amballoor village, Kanayannur taluk, Ernakulam
Reliefs
Relief Type:
Temporary Injunction
Outcome:
Refused
Description:
Seeking a relief of temporary prohibitory injunction restraining the 1st respondent from alienating the plaint schedule property.
Evidence:
Since there is no prima facie case put forth by the petitioner, the question of balance of convenience and irreparable loss and hardship does not arise. Thus, the point is found against the petitioner.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of the Sale deed no. 183/2020, which was used to establish the ownership of the plaint schedule property.
Reference:
Ext.A1
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of the Sale deed no. 1215/2019, relevant to the petitioner’s claim of ownership.
Reference:
Ext.A2
Document Type:
Sale Agreement
Submitted By:
Plaintiff
Relevance:
Sale Agreement dated 28.01.20, used to support the petitioner's claims.
Reference:
Ext.A3
Document Type:
Passbook
Submitted By:
Defendant
Relevance:
Original passbook issued from Ernakulam District Co-operative Bank, showing transactions related to the case.
Reference:
Ext.B1
Document Type:
Land Tax Receipt
Submitted By:
Defendant
Relevance:
Copy of the Land Tax receipt bearing Tandaper no. 5987, demonstrating the defendant's possession of the property.
Reference:
Ext.B2