Case Summary
I.D.Michael, an 80-year-old plaintiff, seeks a temporary injunction against Soumya Mary Zacharia and others to prevent them from trespassing onto his property. The dispute arises from an ongoing family conflict involving property and matrimonial issues related to the plaintiff's son and the first defendant.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
An order of interim injunction restraining the respondents from trespassing into the petition schedule property until further orders.
Case Type
Civil Suit
Final Judgment
No
The petition for a temporary injunction was allowed, restraining the defendants from trespassing into the plaintiff's property until further orders. The court recognized the plaintiff's ownership and the risks posed by the defendants.
Why Plaintiff Won:
The plaintiff established a prima facie case, showing ownership of the property and the potential for irreparable harm if the defendants were allowed to trespass.
The plaintiff established a prima facie case, showing ownership of the property and the potential for irreparable harm if the defendants were allowed to trespass.
Losing Side's Weaknesses:
The plaintiff established a prima facie case, showing ownership of the property and the potential for irreparable harm if the defendants were allowed to trespass.
The plaintiff established a prima facie case, showing ownership of the property and the potential for irreparable harm if the defendants were allowed to trespass.
Supporting Evidence
Evidently and invariably, the plaint schedule property is one belonging to the plaintiff and there is no dispute in respect to said aspect. The petitioner has raised a prima facie case, balance of convenience and a possibility of an irreparable injury sans an order in his favour.
Judgment Evidence:
Hence, the petition herein is allowed with such reservations, modifying the ad-interim order granted as follows: A. An order of interim injunction is passed restraining the respondents, their men or agents from trespassing into the petition schedule property or from committing any act of waste therein, until further orders.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- I.D.Michael
- Party Age
- 80
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Soumya Mary Zacharia
- Party Age
- 40
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Zacharias Thomas
- Party Age
- 68
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Cicily Zacharias
- Party Age
- 65
- Relation
- W/o
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Varghese C. Kuriakose
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Amritha J
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Ranimol M.T
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Krishnapriya M.S
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Anjana Jose
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Jishnu A.L
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Dr. Kuruvilla Mathew
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Naveen Thomas
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Denu Joseph
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Anandu B. Babu
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Injunction
Outcome:
Granted
Description:
An order of interim injunction is passed restraining the respondents, their men or agents from trespassing into the petition schedule property or from committing any act of waste therein, until further orders.
Evidence:
Hence, the petition herein is allowed with such reservations, modifying the ad-interim order granted as follows: A. An order of interim injunction is passed restraining the respondents, their men or agents from trespassing into the petition schedule property or from committing any act of waste therein, until further orders.
Relief Type:
Injunction
Outcome:
Not Decided
Description:
If the first respondent obtains any residence order or any other order from a competent court under the Provisions of the Protection of Women from Domestic Violence Act.
Evidence:
It is made clear that if the first respondent obtains any residence order or any other order from a competent court under the Provisions of the Protection of Women from Domestic Violence Act, the interim injunction granted herein will not stand in the way of the implementation of such order or exercising the rights granted under such order.
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 I.D.Michael vs Soumya Mary Zacharia et al regarding temporary prohibitory injunction
Case Code Year
Case between I.D.Michael vs Soumya Mary Zacharia et al regarding temporary prohibitory injunction