Case Summary
Dalby Immanuel Advocate and Josmy Thomas are the plaintiffs, and Bastin Cherian and others are the defendants. The plaintiffs seek an injunction to cut a dangerous mango tree located on their property.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court dismissed the defendants' petition seeking permission to cut and remove a mango tree, determining that the petitioners did not establish a strong case for an interim mandatory injunction and that no irreparable harm would occur if the petition was denied.
Key Reasoning:
Petition did not demonstrate strong case for interim mandatory injunction.
Petition did not demonstrate strong case for interim mandatory injunction.
Why Defendant Won:
Petition did not demonstrate strong case for interim mandatory injunction.
Petition did not demonstrate strong case for interim mandatory injunction.
Supporting Evidence
I am satisfied that petitioner has not established strong case for the relief of interim mandatory injunction.
Judgment Evidence:
In the result, petition is dismissed.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Dalby Immanuel Advocate
- Party Role
- Plaintiff
- Party Name
- Josemy Thomas
- Relation
- W/o Dalby Immanuel Advocate
- Party Role
- Defendant
- Party Name
- Bastin Cherian
- Party Age
- 32
- Relation
- S/o Cherian
- Party Role
- Defendant
- Party Name
- Alda Bastin
- Party Age
- 29
- Relation
- W/o Bastin Cherian
- Party Role
- Defendant
- Party Name
- Lyza Cherian
- Party Age
- 60
- Relation
- W/o Cherian Sebastian
- Party Role
- Defendant
- Party Name
- Cherian Sebastian
- Party Age
- 67
- Relation
- Advocate
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- N C Joseph
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- P Suresh Menon
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Jinish Lal
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Shiju Varghese
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Manu T M
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Refused
Description:
Petition filed by the defendants seeking direction to cut and remove the mango tree standing in the plaint C schedule property.
Evidence:
Accordingly I find no merit in the above petition.
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
Case between Dalby Immanuel Advocate et al vs Bastin Cherian et al regarding injunction to cut and remove a mango tree.
Case Code Year
Case between Dalby Immanuel Advocate et al vs Bastin Cherian et al regarding injunction to cut and remove a mango tree.