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O.S. No. 798/2024

Case between Jibin K Mathew vs V Somarajan regarding temporary injunction

Court
Court of Munsiff, Ernakulam
Judge
Smt. Needi.K. Dinamany
Order Date
2024-12-17
Duration
Case Closed

Judgement document from eCourt website

Judgment Document
Save Case Find Similar Cases

Case Summary

Jibin K Mathew is seeking a temporary injunction against V Somarajan to prevent illegal eviction and disruption of business operations in rented premises. The plaintiff argues that the defendant has been obstructing operations and threatening eviction despite a valid rental agreement.

Judgment Outcome

Plaintiff Won
Interim Order
The court granted the temporary injunction allowing the plaintiff to continue business operations and preventing the defendant from evicting the plaintiff without due process. Both parties will bear their respective costs.
Judgment Favored
Plaintiff
Relief Granted
Temporary injunction restraining the defendant from evicting the plaintiff and disconnecting utilities.
Case Type
Civil Suit
Final Judgment
No
The court granted the temporary injunction allowing the plaintiff to continue business operations and preventing the defendant from evicting the plaintiff without due process. Both parties will bear their respective costs.
Why Plaintiff Won:
The plaintiff established a prima facie case and demonstrated the potential for irreparable loss if an injunction was not granted.
Losing Side's Weaknesses:
Not available
Supporting Evidence
The court found that the plaintiff has established a prima facie case and that the balance of convenience is in favour of the plaintiff.

Judgment Evidence:

In the result, the petition is allowed. Respondent is restrained by temporary injunction from forcibly evicting plaintiff from plaint schedule building and from disconnecting the electric and water supply connections.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Jibin K Mathew
Party Age
26
Relation
S/o Late Koshy Mathew
Party Role
Defendant
Party Name
V Somarajan
Party Age
58
Relation
S/o Velayudhan M K
Plaintiffs Documents
Copy of agreement made between the defendant and the plaintiff, Payment summary of Rs. 16,500 paid as rent
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Sunil N
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Anjanadevi G
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Arsha John
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Philip T Varghese
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Thomas T Varghese
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Achu Shubha Abraham
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Amala Purushothaman
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Rineesha Rajkumar
Appearance Type
Main Counsel

Reliefs

Relief Type: Permanent Injunction
Outcome: Granted
Description:
Temporary injunction restraining the defendant from forcibly evicting the plaintiff from the plaint schedule building.
Evidence:
Accordingly, I am satisfied that the petitioner will be put to irreparable loss and injury if an order of injunction is not passed.

Documents & Evidence

Document Type: Agreement
Submitted By: Plaintiff
Relevance:
Copy of agreement made between the defendant and the plaintiff.
Reference:
Ext.A1
Document Type: Payment Summary
Submitted By: Plaintiff
Relevance:
Payment summary of ₹16,500 paid to the defendant as rent of June 2024.
Reference:
Ext.A2
Document Type: Complaint
Submitted By: Plaintiff
Relevance:
Copy of complaint filed before the Inspector of Police, Palarivattom, by the plaintiff.
Reference:
Ext.A3
Document Type: Judgment
Submitted By: Plaintiff
Relevance:
Copy of Judgment in O S No. 543/21 of this Court.
Reference:
Ext.A4

Case Classification

Case Type
Civil Suit
Category
Eviction and Rent Control
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Illegal eviction
Case Code
Case between Jibin K Mathew vs V Somarajan regarding temporary injunction
Case Code Year
Case between Jibin K Mathew vs V Somarajan regarding temporary injunction

Quick Facts

Location
Ernakulam, Kerala
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Case Closed
From
Sun, 12/01/2024 - 12:00
To
Tue, 12/31/2024 - 12:00
Outcome Confidence
80%

Involved Entities

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