Case Summary
Kassam Moosa Sait Wakf Alal Aulad is seeking a temporary injunction against Asset Homes Pvt. Ltd. due to alleged construction activities that threaten the safety of a neighboring property. The lawsuit highlights concerns over damage and disruption caused by the defendant's construction work.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
Key Reasoning:
The plaintiff failed to establish a prima facie case and balance of convenience required for the granting of a temporary injunction.
The plaintiff failed to establish a prima facie case and balance of convenience required for the granting of a temporary injunction.
Judgment Evidence:
In the result, the petition for temporary injunction is dismissed. The parties are directed to suffer their respective costs to the petition.
Parties Involved
Plaintiffs
Kassam Moosa Sait Wakf Alal Aulad (Age not specified years)
B 8, DD Nest, Thammanam, Pullepady, Kathirikadav, Kaloor, Ernakulam – 682 017
Defendants
Asset Homes Pvt. Ltd. (Age not specified years)
No. XV/246C, "Asset Centrale", NH By pass Kundanoor Jn, Maradu P.O, Kochi, Kerala - 682 304
Reliefs
Relief Type:
Temporary Injunction
Outcome:
Refused
Description:
The petitioner sought a temporary injunction to stop construction activities by the defendant.
Evidence:
In view of the finding as regards points I to III, it can only be answered that the plaintiff is not entitled to an order of interim injunction as prayed for.
Documents & Evidence
Document Type:
Photograph
Submitted By:
Plaintiff
Relevance:
These photographs are produced to show the condition of the building in the Plaint A Schedule Property.
Reference:
Ext.A1 to A6
Document Type:
Commission Report
Submitted By:
Court
Relevance:
This report is filed on 22.03.2024 and is considered for the petition.
Reference:
Ext.C1
Document Type:
Commission Report
Submitted By:
Court
Relevance:
This report is filed on 12.09.2025 and is also considered for the petition.
Reference:
Ext.C2