Case Summary
Ismail K, the plaintiff, is seeking a temporary prohibitory injunction to prevent Jude Martin, the defendant, from evicting him from a shop he occupies. The court has found that irreparable injury is likely if the injunction is not granted.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Interim injunction issued to prevent eviction
Case Type
Civil Suit
Final Judgment
No
The court has granted an interim injunction preventing the defendant from evicting the plaintiff from the shop until further orders.
Why Plaintiff Won:
The petitioner has made out a prima facie case and is likely to suffer irreparable injury without the injunction.
The petitioner has made out a prima facie case and is likely to suffer irreparable injury without the injunction.
Losing Side's Weaknesses:
The petitioner has made out a prima facie case and is likely to suffer irreparable injury without the injunction.
The petitioner has made out a prima facie case and is likely to suffer irreparable injury without the injunction.
Supporting Evidence
I am satisfied that the petitioner has made out a prima facie case and if order of temporary injunction is not granted, irreparable injury is likely to be caused to the petitioner.
Judgment Evidence:
Hence an order of interim injunction is passed restraining the respondent and his men from forcibly evicting the petitioner from the plaint schedule shop room until further orders.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Ismail K
- Party Age
- 49
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Jude Martin
- Party Age
- 59
- Relation
- S/o
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- A Balagopalan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Rajagopalan A
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- M N Manmadan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sruthy R Menon
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sandhya C Nair
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sojo J Kallidukkil
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Temporary Injunction
Outcome:
Granted
Description:
An order of interim injunction restraining the respondent and his men from forcibly evicting the petitioner from the shop room and causing obstruction to the conduct of business.
Evidence:
Hence an order of interim injunction is passed restraining the respondent and his men from forcibly evicting the petitioner form the plaint schedule shop room and from causing any obstruction to the conduct business therein and from causing any kind of acts which is detrimental or prejudicial to tenancy right of the petitioner over the same until further orders.
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 Ismail K vs Jude Martin regarding temporary prohibitory injunction
Case Code Year
Case between Ismail K vs Jude Martin regarding temporary prohibitory injunction