Case Summary
The plaintiffs, Jayan. K.S and Jayakumari Jayan, are a husband and wife facing threats from the defendants, M/s. Tata Motors Finance Ltd and its officers, regarding a loan for a truck. They seek a permanent injunction to prevent the defendants from entering their rented house and making threats related to the loan.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
A decree of permanent prohibitory injunction
Case Type
Civil Suit
Final Judgment
No
The court granted a permanent prohibitory injunction preventing the defendants from trespassing into the plaintiffs' rented dwelling house and making threats regarding loan settlement.
Why Plaintiff Won:
The entire relief sought by the plaintiffs was acknowledged as being accepted by the defendants without further issues to adjudicate.
The entire relief sought by the plaintiffs was acknowledged as being accepted by the defendants without further issues to adjudicate.
Losing Side's Weaknesses:
The entire relief sought by the plaintiffs was acknowledged as being accepted by the defendants without further issues to adjudicate.
The entire relief sought by the plaintiffs was acknowledged as being accepted by the defendants without further issues to adjudicate.
Supporting Evidence
Considering the fact that there remain no further issues to be adjudicated in this case, the suit is decreed as follows: A decree of permanent prohibitory injunction is passed restraining the defendants, their men or agents or anybody acting under them from trespassing into the rented dwelling house of the plaintiffs and from intimidating and threatening them from settling the loan availed by them, other than by due process of law.
Judgment Evidence:
Hence this court is also of the opinion that no purpose will be served in proceeding further with this case.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Jayan. K.S
- Party Age
- 52
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Jayakumari Jayan
- Party Age
- 49
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- M/s. Tata Motors Finance Ltd.
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Rajesh Paul
- Party Age
- 40
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Biju
- Party Age
- 30
- Relation
- S/o
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- A.T.Anil Kumar
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Krishob. K. Nair
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- P. Fazil
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
A decree of permanent prohibitory injunction is passed restraining the defendants, their men or agents or anybody acting under them from trespassing into the rented dwelling house of the plaintiffs and from intimidating and threatening them from settling the loan availed by them, other than by due process of law.
Evidence:
the suit is decreed as follows: A decree of permanent prohibitory injunction is passed restraining the defendants, their men or agents or anybody acting under them from trespassing into the rented dwelling house of the plaintiffs and from intimidating and threatening them from settling the loan availed by them, other than by due process of law.
Documents & Evidence
Case Classification
Case Type
Civil Suit
Category
Injunction and Access Rights
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between Jayan. K.S et al vs M/s. Tata Motors Finance Ltd et al regarding permanent prohibitory injunction
Case Code Year
Case between Jayan. K.S et al vs M/s. Tata Motors Finance Ltd et al regarding permanent prohibitory injunction
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque issued towards legally enforceable debt