Case Summary
Georgekutty Mathew filed an application for an ad interim injunction against Sabu Mathew and others regarding property rights. The court found that there was a prima facie case supporting the application.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Ad interim injunction granted restraining R1 to R3 from encumbering property.
Case Type
Civil Suit
Final Judgment
No
The court granted an ad interim injunction restraining the defendants from encumbering or creating charges over the property in question.
Why Plaintiff Won:
A prima facie case has been made out.
A prima facie case has been made out.
Losing Side's Weaknesses:
A prima facie case has been made out.
A prima facie case has been made out.
Supporting Evidence
I am satisfied that a prima facie case has been made out and delay in issuing notice would defeat the very purpose of the above application.
Judgment Evidence:
Hence ad interim injunction is granted restraining R1 to R3 and men under them from encumbering or creating charge or any act over the Plaint schedule property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Georgekutty Mathew
- Party Age
- 61
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sabu Mathew
- Party Age
- 59
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Tomy Mathew
- Party Age
- 68
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Lali Mathew
- Party Age
- 63
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Zacherias Mathew
- Party Age
- 77
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Joy Mathew
- Party Age
- 72
- Relation
- S/o
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sujesh. J. Mathew
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Jojo Thomas
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Injunction
Outcome:
Granted
Description:
ad interim injunction is granted restraining R1 to R3 and men under them from encumbering or creating charge or any act over the Plaint schedule property which affects Co-owner rights of the Petitioner and shall not commit waste or mischief by cutting and removing trees or Valuables from the Plaint schedule property
Evidence:
I am satisfied that a prima facie case has been made out and delay in issuing notice would defeat the very purpose of the above application. Hence ad interim injunction is granted restraining R1 to R3 and men under them from encumbering or creating charge or any act over the Plaint schedule property which affects Co-owner rights of the Petitioner and shall not commit waste or mischief by cutting and removing trees or Valuables from the Plaint schedule property.
Documents & Evidence
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Common Reasons
Case Code
OS
Case Code Year
2025