O.S. No. 477/2023

Case between Dalby Immanuel Advocate et al vs Bastin Cherian et al regarding injunction to cut and remove a mango tree.

Court

COURT OF MUNSIFF, ERNAKULAM

Judge

Smt. Needi.K.Dinamany

Order Date

2025-09-18

Duration

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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

Defendant Won

Interim Order

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.

Judgment Favored

Defendant

Relief Granted

Case Type

Civil Suit

Final Judgment

Key Reasoning:
Petition did not demonstrate strong case for interim mandatory injunction.

Judgment Evidence:

In the result, petition is dismissed.

Parties Involved

Plaintiffs

Dalby Immanuel Advocate (Age not specified years) Door No. C C No. 67/2569 2nd floor, Providence Road, 2nd floor, Cochin- 682018. Josemy Thomas (Age not specified years) Door No. C C No. 67/2569 2nd floor, Providence Road, 2nd floor, Cochin- 682018.

Defendants

Bastin Cherian (32 years) 1st Floor, Door No. C C No. 67/2568, Providence Road, 2nd floor, Cochin- 682018. Alda Bastin (29 years) 1st Floor, Door No. C C No. 67/2568, Providence Road, 2nd floor, Cochin- 682018. Lyza Cherian (60 years) 1st floor Ann’s Apartment, Amulia Street, Cochin- 682018. Cherian Sebastian (67 years) 1st floor, Ann’s Apartment, Amulia Street, Cochin- 682018.

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.