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
The court dismissed the petition for a temporary injunction filed by the plaintiff due to insufficient evidence of a prima facie case and balance of convenience favoring the defendant.
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.
Why Defendant Won:
Not available
Not available
Supporting Evidence
The plaintiff has not properly established before the court that any sort of damage is being caused due to activities being carried out by the defendant.
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
Parties
- Party Role
- Plaintiff
- Party Name
- Kassam Moosa Sait Wakf Alal Aulad
- Party Role
- Defendant
- Party Name
- Asset Homes Pvt. Ltd.
Plaintiffs Documents
Photographs of the property showing cracks.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Anoop Sebastian
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Aditya Kiran
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Adrisya S
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Swathy
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Peeyus A. Kottam
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Issac Alexander
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Arjun S. Benedict
- Appearance Type
- Main Counsel
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
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Unauthorized occupation
Case Code
Case between Kassam Moosa Sait Wakf Alal Aulad vs Asset Homes Pvt. Ltd. regarding temporary injunction
Case Code Year
Case between Kassam Moosa Sait Wakf Alal Aulad vs Asset Homes Pvt. Ltd. regarding temporary injunction