Case Summary
The petitioner K Sivasankar, represented by his power of attorney holder Muhammad Asif K M, seeks a temporary injunction against the respondent Shyamily K S to prevent trespassing into his flat. The court granted the interim injunction based on the existence of a prima facie case.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Interim injunction granted restraining respondent from trespassing
Case Type
Civil Suit
Final Judgment
No
The court granted a temporary injunction to the petitioner, restraining the respondent from trespassing into the plaint schedule flat.
Why Plaintiff Won:
The petitioner made out a prima facie case and potential irreparable injury was identified if the injunction was not granted.
The petitioner made out a prima facie case and potential irreparable injury was identified if the injunction was not granted.
Losing Side's Weaknesses:
The petitioner made out a prima facie case and potential irreparable injury was identified if the injunction was not granted.
The petitioner made out a prima facie case and potential irreparable injury was identified if the injunction was not granted.
Supporting Evidence
I am satisfied that the petitioner has made out a prima facie case and if order of temporary injunction is not granted, irreparable injury is likely to be caused to the petitioner.
Judgment Evidence:
Hence an order of interim injunction is passed restraining respondent and her men from trespassing into the plaint schedule flat and causing obstruction to the peaceful possession and enjoyment of the same until further orders.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- K Sivasankar
- Party Age
- 54
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Muhammad Asif K M
- Party Age
- 46
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Shyamily K S
- Party Age
- 33
- Relation
- D/o
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Mahesh P H
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Temporary Injunction
Outcome:
Granted
Description:
Interim injunction restraining respondent and her men from trespassing into the plaint schedule flat and causing obstruction to the peaceful possession and enjoyment of the same until further orders.
Evidence:
an order of interim injunction is passed restraining respondent and her men from trespassing into the plaint schedule flat and causing obstruction to the peaceful possession and enjoyment of the same until further orders.
Documents & Evidence
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between K Sivasankar et al vs Shyamily K S regarding temporary injunction
Case Code Year
Case between K Sivasankar et al vs Shyamily K S regarding temporary injunction