Case Summary
Major M G C Nair is the plaintiff who has filed a petition for temporary injunction against Akhil Murali and others for not repaying a loan. The petitioner contends that the defendants borrowed money from him and failed to repay it, while the defendants deny the allegations.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
Key Reasoning:
The petitioner failed to establish a prima facie case for the requested injunction.
The petitioner failed to establish a prima facie case for the requested injunction.
Judgment Evidence:
In the result, 1. The above petition is dismissed. 2. Considering the facts and circumstances of the case, parties are directed to bear their respective costs.
Parties Involved
Plaintiffs
Major M G C Nair (88 years years)
407 G Vrindhavan Appartments, Vyttila Junction, Vyttila P O, Ernakulam Taluk, Ernakulam Pin- 682 019
Defendants
Akhil Murali (34 years years)
Parathala House, Aamer Island Kurinjakkal, Ayyanthole Village, Ayyanthole P O, Thrissur- 680 003
Muraleedharan P R (60 years years)
Parathala House, Aamer Island Kurinjakkal, Ayyanthole Village, Ayyanthole P O, Thrissur- 680 003
Rajeswari (53 years years)
Parathala House, Aamer Island Kurinjakkal, Ayyanthole Village, Ayyanthole P O, Thrissur- 680 003
Reliefs
Relief Type:
Injunction
Outcome:
Refused
Description:
Petition for temporary injunction to attach property before judgment.
Evidence:
The above petition is dismissed.
Documents & Evidence
Document Type:
Member Contribution Certificate
Submitted By:
Plaintiff
Relevance:
Certificates issued as proof of member contributions to the Agri-Tourism Multi State Co-operative Society Ltd.
Reference:
Exts.A1 to A4
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Issued to demand repayment of the amount.
Reference:
Ext.A5
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Related to the service of lawyer notice.
Reference:
Ext.A6
Document Type:
Registration Certificate
Submitted By:
Defendant
Relevance:
Shows the existence of the Agri-Tourism Multi State Co-operative Society Ltd.
Reference:
Ext.B1
Document Type:
Share Application Form
Submitted By:
Defendant
Relevance:
Signed by the plaintiff indicating membership in the society.
Reference:
Ext.B2
Document Type:
Member Contribution Application Form
Submitted By:
Defendant
Relevance:
Signed by the plaintiff for a contribution of Rs. 2 lakhs.
Reference:
Ext.B3
Document Type:
Member Contribution Application Form
Submitted By:
Defendant
Relevance:
Signed by the plaintiff for a contribution of Rs. 4 lakhs.
Reference:
Ext.B4
Document Type:
Member Contribution Application Form
Submitted By:
Defendant
Relevance:
Signed by the plaintiff for a contribution of Rs. 1 lakh.
Reference:
Ext.B5
Document Type:
Member Contribution Application Form
Submitted By:
Defendant
Relevance:
Signed by the plaintiff for a contribution of Rs. 25,000.
Reference:
Ext.B6
Document Type:
Cheque
Submitted By:
Defendant
Relevance:
Cheque issued by the plaintiff for Rs. 4 lakh to the society.
Reference:
Ext.B7
Document Type:
Cheque
Submitted By:
Defendant
Relevance:
Cheque issued by the plaintiff for Rs. 3 lakh to the society.
Reference:
Ext.B8