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
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.
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
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