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O.S.No. 773 /2024

Case between Babu P I et al vs Boniface Satish et al regarding a temporary injunction

Court
COURT OF II ADDITIONAL MUNSIFF, ERNAKULAM
Judge
Smt. Needi.K. Dinamany
Order Date
2024-07-22
Duration
Case Code No.
773
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

Babu P I and Susanna Babu are petitioners seeking a temporary injunction against Boniface Satish and Mujeeb. They allege potential irreparable injury due to construction and sewage discharge by the defendants.

Judgment Outcome

Plaintiff Won
Interim Order
The court has granted a temporary injunction against the defendants, restraining them from construction and sewage discharge onto the plaintiffs' properties.
Judgment Favored
Plaintiff
Relief Granted
Temporary injunction restraining further construction and sewage discharge.
Case Type
Civil Suit
Final Judgment
No
The court has granted a temporary injunction against the defendants, restraining them from construction and sewage discharge onto the plaintiffs' properties.
Why Plaintiff Won:
The petitioners established a prima facie case indicating potential irreparable injury.
Losing Side's Weaknesses:
Not available
Supporting Evidence
I am satisfied that the petitioners have made out a prima facie case and if order of temporary injunction is not granted, irreparable injury is likely to be caused to the petitioners.

Judgment Evidence:

Hence an order of interim injunction is passed restraining defendants their agents or any other persons acting on their behalf from carrying out any further construction or encroachment upon the plaintiff A and B schedule properties and from discharging any sewage or waste materials into the plaintiff’s properties until further orders.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Babu P I
Party Age
66
Relation
S/o
Party Role
Plaintiff
Party Name
Susanna Babu
Party Age
59
Relation
W/o
Party Role
Defendant
Party Name
Boniface Satish
Party Role
Defendant
Party Name
Mujeeb
Plaintiffs Documents
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Praveen Hariharan
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Smitha Praveen
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Shaniba Ali
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Amaldev D
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Sneha M S
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Abijith E R
Appearance Type
Main Counsel

Reliefs

Relief Type: Temporary Injunction
Outcome: Granted
Description:
An order of interim injunction restraining defendants from carrying out any further construction or encroachment and discharging sewage or waste materials into the plaintiff’s properties.
Evidence:
Hence an order of interim injunction is passed restraining defendants their agents or any other persons acting on their behalf from carrying out any further construction or encroachment upon the plaint A and B schedule properties and from discharging any sewage or waste materials into the plaintiff’s properties until further orders.

Documents & Evidence

Case Classification

Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
O.S.NO.
Case Code Year
2024

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Case Closed
From
Mon, 07/01/2024 - 12:00
To
Wed, 07/31/2024 - 12:00
Outcome Confidence
85%

Involved Entities

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