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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

Judgement document from eCourt website

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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
Why Plaintiff Won:
The plaintiff established a prima facie case and demonstrated the potential for irreparable loss if an injunction was not granted.

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

Plaintiffs

Jibin K Mathew (26 years) Kunnel House, Vadserikkara, Poika P O, Pathanamthitta District, Kerala, India

Defendants

V Somarajan (58 years) #159, Second block, 3rd stage, 3F Cross Road, Judges Colony, Bangalore North, Basaveshwara Nagar, Bangalore, Karnataka, India

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

Quick Facts

Location
Ernakulam, Kerala
Case Filed
Outcome Confidence
80%

Involved Entities

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