Case Summary
Jose Varghese sued Koruthu Varghese and others seeking a temporary injunction to prevent them from selling a cardamom estate. The plaintiff claims a valid agreement allowing him to purchase the property, while the defendants deny the existence of such an agreement.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Temporary injunction restraining the defendants from alienating, encumbering, or committing waste on the property.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The plaintiff established a prima facie case for an injunction based on the alleged agreement for sale.
The plaintiff established a prima facie case for an injunction based on the alleged agreement for sale.
Judgment Evidence:
In the result, the petition is allowed. Defendants are restrained by temporary order of injunction from alienating, encumbering, committing waste or putting third parties into possession of plaint schedule property in violation of the agreement for sale dated 05.05.2023 entered into between the plaintiff and defendants.
Parties Involved
Plaintiffs
Jose Varghese (53 years)
Madathil House, Door No. 14/221-A, Divine Garden, CSEZ P O, Kakkanad Village, Kanayannoor Taluk, Ernakulam District, Pin- 682037
Defendants
Koruthu Varghese (48 years)
Kochakkan House, Manganam P O, Vijayapuram Village, Kottayam Taluk, Kottayam District and residing at House No. 21, Skyline City Park, Autumn Woods, 19, Jawahar Nagar, Elamkulam, Ernakulam, Pin- 682020
Dr. Sushila Varghese (73 years)
Kochakkan House, Manganam P O, Vijayapuram Village, Kottayam Taluk, Kottayam District and residing at House No. 21, Skyline City Park, Autumn Woods, 19, Jawahar Nagar, Elamkulam, Ernakulam, Pin- 682020
Suzanna Varghese (39 years)
Kochakkan House, Manganam P O, Vijayapuram Village, Kottayam Taluk, Kottayam District and residing at No. 118 16A Main, 4th Cross, 4 Block, Koramangala, Bangalore, Karnataka, Pin- 560034
Reliefs
Relief Type:
Injunction
Outcome:
Granted
Description:
Temporary injunction restraining the defendants from alienating the property
Evidence:
Defendants are restrained by temporary order of injunction from alienating, encumbering, committing waste or putting third parties into possession of plaint schedule property in violation of the agreement for sale dated 05.05.2023
Documents & Evidence
Document Type:
Memorandum of Understanding
Submitted By:
Plaintiff
Relevance:
Executed agreement for sale dated 05.05.2023 allowing the plaintiff to purchase the property
Reference:
Ext.A2
Document Type:
Lease Agreement
Submitted By:
Plaintiff
Relevance:
Lease agreement executed on 13.07.2023 granting the plaintiff possession of the property
Reference:
Ext.A3
Document Type:
Bank statement
Submitted By:
Plaintiff
Relevance:
Bank statement providing evidence of financial transactions related to the case
Reference:
Ext.A4
Document Type:
Bank statement
Submitted By:
Plaintiff
Relevance:
Another bank statement relevant to the financial dealings of the plaintiff
Reference:
Ext.A5
Document Type:
Receipt of Money
Submitted By:
Plaintiff
Relevance:
Acknowledgment of receipt of money from the first defendant
Reference:
Ext.A6
Document Type:
Lawyer's Notice
Submitted By:
Defendant
Relevance:
Legal notice sent to the plaintiff demanding arrears of rent
Reference:
Ext.B1
Document Type:
Receipt
Submitted By:
Defendant
Relevance:
Receipt relevant to the rent payment dispute
Reference:
Ext.B2