Case Summary
The case involves Elsamma Mathew, who has filed a petition for a temporary prohibitory injunction against Babu George and Aleyamma. The court has found a prima facie case in favor of the plaintiff and has issued an order to restrain the defendants from trespassing on the property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Temporary prohibitory injunction against trespassing and removal of movables.
Case Type
Civil Suit
Final Judgment
No
The court has found in favor of the plaintiff and issued an injunction against the defendants.
Why Plaintiff Won:
The court is satisfied that the plaintiff has a prima facie case and balance of convenience is in her favour.
The court is satisfied that the plaintiff has a prima facie case and balance of convenience is in her favour.
Losing Side's Weaknesses:
The court is satisfied that the plaintiff has a prima facie case and balance of convenience is in her favour.
The court is satisfied that the plaintiff has a prima facie case and balance of convenience is in her favour.
Supporting Evidence
The court is satisfied that the plaintiff has a prima facie case and balance of convenience is in her favour.
Judgment Evidence:
The respondents/defendants are restrained from trespassing on the plaint schedule property, taking away any movables kept in the house and building situated therein or from committing any waste therein until further orders.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Elsamma Mathew @ Ely Kuchardt
- Party Age
- 74
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Babu George
- Party Age
- 51
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Aleyamma
- Party Age
- 67
- Relation
- W/o
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- K.C. Joseph
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- A. K. Sebastian
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Jolly James
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Injunction
Outcome:
Granted
Description:
temporary prohibitory injunction restraining defendants from trespassing on the plaint schedule property, taking away any movables kept in the house and building situated therein or from committing any waste therein
Evidence:
the court is satisfied that plaintiff has a prima facie case and balance of convenience is in her favour
Documents & Evidence
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Kanjirappally
Common Reasons
Case Code
O.S
Case Code Year
2025