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O.S. 1297/2020

Case between M. Sathar vs T. P. Shamir et al regarding mandatory injunction.

Court
THE COURT OF THE THIRD ADDL. MUNSIFF & RENT CONTROLLER
Judge
SMT. REEJA R. NAIR.
Order Date
2025-06-03
Duration
Case Code No.
1297
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

The case involves a dispute between M. Sathar, the plaintiff, and T. P. Shamir and other defendants regarding the eviction of paying guests from a property claimed to belong to the defendants. The defendants argue that the plaintiff, a sibling, is unlawfully occupying the premises and generating income from it.

Judgment Outcome

Defendant Won
Interim Order
The court dismissed the petition for mandatory injunction, stating that the petitioners failed to establish a prima facie case or balance of convenience in their favor. The court emphasized that the matter regarding ownership is contested and cannot be determined without a full trial.
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court dismissed the petition for mandatory injunction, stating that the petitioners failed to establish a prima facie case or balance of convenience in their favor. The court emphasized that the matter regarding ownership is contested and cannot be determined without a full trial.
Key Reasoning:
The petitioners did not make out a prima facie case warranting a mandatory injunction.
Why Defendant Won:
The petitioners did not make out a prima facie case warranting a mandatory injunction.
Supporting Evidence
The petitioners have not made out a prima facie case warranting grant of a mandatory injunction.

Judgment Evidence:

In the result, the petition is dismissed. Considering the facts and circumstance of the case, there is no order as to costs.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
M. Sathar
Relation
S/o
Party Role
Defendant
Party Name
T. P. Shamir
Relation
S/o
Party Role
Defendant
Party Name
T. P. Shahir
Relation
S/o
Party Role
Defendant
Party Name
T.P. Shamitha
Relation
D/o
Party Role
Defendant
Party Name
Shahida Ibrahim
Relation
W/o
Party Role
Defendant
Party Name
M. Shamsheer
Relation
S/o
Plaintiffs Documents
Defendants Documents

Advocates

Party Role
Defendant
Advocate Name
C.R. Syamkumar
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Suneethi S.
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Arun Roy
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
P. Chandrasehar
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Satheesh V.T.
Appearance Type
Main Counsel

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
O.S.
Case Code Year
2020

Quick Facts

Location
ERNAKULAM
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Case Closed
From
Sun, 06/01/2025 - 12:00
To
Mon, 06/30/2025 - 12:00
Outcome Confidence
75%

Involved Entities

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