Case Summary
The plaintiff, Gilroy Mendez, filed a suit seeking a permanent prohibitory injunction against M/s Bhagyodayam Company Ltd. for interference with his possession of the property. The plaintiff's request to modify a previous injunction order to impose conditions for paying arrears was dismissed.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The petition to modify the injunction order was dismissed for lack of merit, with parties required to bear their respective costs.
Key Reasoning:
The court found no merit in the petition to modify the injunction as there were no changed circumstances or evidence of default in payment.
The court found no merit in the petition to modify the injunction as there were no changed circumstances or evidence of default in payment.
Why Defendant Won:
The court found no merit in the petition to modify the injunction as there were no changed circumstances or evidence of default in payment.
The court found no merit in the petition to modify the injunction as there were no changed circumstances or evidence of default in payment.
Supporting Evidence
The petitioner has also failed to produce any evidence to establish that no license fee has been paid from 01.10.2015 till date. This is a matter of evidence which cannot be decided at the interim stage under the guise of a request to modify the injunction order.
Judgment Evidence:
In the result, Petition is dismissed. Considering the facts and circumstance of the case, parties are directed to bear their respective costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Gilroy Mendez
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Antony Mendez @ Shelton
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- M/s Bhagyodayam Company Ltd.
- Party Age
- 53
- Relation
- Represented by
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Defendant
- Advocate Name
- Dinesh R Shenoy
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- G Rajagopal
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- S Leelalakshmi
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Refused
Description:
Modification of the order of injunction dated 10.04.2019 by imposing payment conditions on the plaintiff.
Evidence:
Therefore, this Court finds no merit in the application. Accordingly, the petition is dismissed for lack of merit.
Documents & Evidence
Case Classification
Case Type
Civil Suit
Category
Eviction and Rent Control
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Non-payment of rent
Case Code
Case between Gilroy Mendez vs M/s Bhagyodayam Company Ltd. regarding modification of injunction order
Case Code Year
Case between Gilroy Mendez vs M/s Bhagyodayam Company Ltd. regarding modification of injunction order