Case Summary
Babu Francis is the petitioner seeking a temporary prohibitory injunction against Jose Francis and IDBI Bank regarding property boundaries. The dispute centers around a mortgage and property acquisition that may affect Babu's property rights.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Temporary prohibitory injunction restraining the 2nd respondent from taking possession of any part of plaint A scheduled property until its boundary is fixed.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The petitioner demonstrated a prima facie case and the balance of convenience favored granting the injunction.
The petitioner demonstrated a prima facie case and the balance of convenience favored granting the injunction.
Judgment Evidence:
In the result, the petition is allowed.
Parties Involved
Plaintiffs
Babu Francis (56 years years)
Mannulli, Elamkulam village, Kanayannur taluk, Kadavanthra P.O, Ernakulam, Kochi – 792 020
Defendants
Jose Francis (54 years years)
Mannulli, Elamkulam village, Kanayannur taluk, Kadavanthra P.O, Ernakulam, Kochi – 682 020
The IDBI Bank Ltd (Age not specified years)
Retail Asset Centre, 2nd Floor, IDBI Buildings, near passport office, Kochi – 678 036
Reliefs
Relief Type:
Temporary Injunction
Outcome:
Granted
Description:
Temporary prohibitory injunction restraining the 2nd respondent from taking over the possession of any part of plaint A scheduled property till its boundary is fixed by this court
Evidence:
Thus, the point is found in favor of the petitioner. The petition is allowed.
Documents & Evidence
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
True copy of the settlement deed no. 6027/03 of Ernakulam SRO
Reference:
Ext.A1
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
True copy of the land tax receipt no. 61811 issued from the village office, Elamkulam
Reference:
Ext.A2
Document Type:
Award
Submitted By:
Plaintiff
Relevance:
Copy of the Award by Special Tahsildar (LA), Kochi Corporation
Reference:
Ext.A3