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
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.
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
Plaintiffs
I.D.Michael (80 years)
70/2556, Iyckarakunnel House, S.R.M. Road, Pachalam P.O., Ernakulam, Kochi - 682 012
Defendants
Soumya Mary Zacharia (40 years)
Polachira House, Nalukodi P.O. Changanacherry Taluk, Kottayam District.
Zacharias Thomas (68 years)
Polachira House, Nalukodi P.O., Changanacherry Taluk, Kottayam District.
Cicily Zacharias (65 years)
Polachira House, Nalukodi P.O., Changanacherry Taluk, Kottayam District.
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.