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O.S 235/2023

Case between Irshad P.A. et al vs P.J. Chacko et al regarding temporary prohibitory injunction

Court
THE COURT OF THE MUNSIFF, KANJIRAPPALLY
Judge
Smitha Susan Mathew
Order Date
2025-09-25
Duration
approximately-2 years 3 months
Case Code No.
235
Case Closed
Thu, 09/25/2025 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

The petitioners, led by Irshad P.A., seek a temporary prohibitory injunction against the respondents, P.J. Chacko and others, concerning a property and crusher unit. The petitioners claim that they entered into an agreement for sale for the property, which the respondents are trying to sell to third parties.

Judgment Outcome

Defendant Won
Interim Order
The court dismissed the petition for a temporary prohibitory injunction sought by the plaintiffs against the respondents regarding the plaint schedule property.
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court dismissed the petition for a temporary prohibitory injunction sought by the plaintiffs against the respondents regarding the plaint schedule property.
Key Reasoning:
The petitioners failed to prove their possession of the plaint schedule property and the maintainability of the suit.
Why Defendant Won:
The petitioners failed to prove their possession of the plaint schedule property and the maintainability of the suit.
Supporting Evidence
The plaintiffs/petitioners failed to prove the possession of plaint schedule property. Hence they cannot claim that a prima facie case is existing in their favour.

Judgment Evidence:

In the result, the petition is dismissed.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Irshad P.A.
Party Age
31
Relation
S/o
Party Role
Plaintiff
Party Name
K.K. Nasser
Party Age
52
Relation
S/o
Party Role
Plaintiff
Party Name
Nassim
Party Age
47
Relation
S/o
Party Role
Plaintiff
Party Name
Ratheesh Pavithran
Party Age
37
Relation
S/o
Party Role
Plaintiff
Party Name
P.M. Basheer
Party Age
58
Relation
S/o
Party Role
Defendant
Party Name
P.J. Chacko
Party Age
64
Relation
S/o
Party Role
Defendant
Party Name
Mareeta
Party Age
60
Relation
D/o
Party Role
Defendant
Party Name
Dr. Joshy
Party Age
58
Relation
S/o
Party Role
Defendant
Party Name
Mary
Party Age
55
Relation
W/o
Plaintiffs Documents
Copy of agreement for sale dated 15.06.2023, Copy of supplementary lease deed No. 666/2023, Copy of license form LE-3, Copy of registration certificate.
Defendants Documents
Copy of agreement for sale dated 23.11.2021.

Advocates

Party Role
Plaintiff
Advocate Name
Roy Thomas
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Rameez Nooh
Appearance Type
Assisting Counsel
Party Role
Plaintiff
Advocate Name
Fathima K
Appearance Type
Assisting Counsel
Party Role
Plaintiff
Advocate Name
Subeesh
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
George Kurian
Appearance Type
Main Counsel

Reliefs

Relief Type: Injunction
Outcome: Refused
Description:
The plaintiffs sought a temporary prohibitory injunction against the respondents.
Evidence:
The petition is dismissed.

Documents & Evidence

Document Type: Agreement for sale
Submitted By: Plaintiff
Relevance:
The court referred to the agreement for sale executed on 15.06.2023 to assess the plaintiffs' claims regarding possession and rights over the plaint schedule property.
Reference:
Ext.A1
Document Type: Supplementary Lease Deed
Submitted By: Plaintiff
Relevance:
The court mentioned this lease deed as part of the documentation provided by the plaintiffs to support their claims.
Reference:
Ext.A2
Document Type: License Form
Submitted By: Plaintiff
Relevance:
The license form provided by the plaintiffs was considered as part of their evidence but was noted as a copy.
Reference:
Ext.A3
Document Type: Registration Certificate
Submitted By: Plaintiff
Relevance:
The registration certificate was also listed as documentation submitted by the plaintiffs but noted as a copy.
Reference:
Ext.A4
Document Type: Agreement for sale
Submitted By: Defendant
Relevance:
The court referred to this agreement to assess the defendants' claims regarding the property and the alleged prior agreements.
Reference:
Ext.B1
Document Type: Exparte Commission Report
Submitted By: Court
Relevance:
The court used this commission report to evaluate the claims related to the functioning of the crusher unit and the plaintiffs' possession.
Reference:
Ext.C1

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
2023

Quick Facts

Location
Kanjirappally, Kottayam, Kerala
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Kanjirappally
Case Filed
Thu, 06/15/2023 - 12:00
Case Closed
Thu, 09/25/2025 - 12:00
From
Mon, 09/01/2025 - 12:00
To
Fri, 10/31/2025 - 12:00
Outcome Confidence
85%

Involved Entities

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