Case Summary
The petitioner Mamman Thomas, aged 70, filed for a temporary injunction against the defendant Eapen Mamman, aged 67, to prevent trespassing and interference with property. The court has heard the application and granted an interim injunction pending further orders.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Ad interim injunction granted.
Case Type
Injunction
Final Judgment
No
The court granted an ad interim injunction restraining the defendant from trespassing on the plaintiff's property and causing obstructions.
Why Plaintiff Won:
A prima facie case was made out by the petitioner, and the court found that any delay would defeat the purpose of the application.
A prima facie case was made out by the petitioner, and the court found that any delay would defeat the purpose of the application.
Losing Side's Weaknesses:
A prima facie case was made out by the petitioner, and the court found that any delay would defeat the purpose of the application.
A prima facie case was made out by the petitioner, and the court found that any delay would defeat the purpose of the application.
Supporting Evidence
I am satisfied that prima facie case has been made out and if notice issued delay will occurred which will defeat the very purpose of the above application.
Judgment Evidence:
Hence, an ad interim injunction is granted restraining the counter petitioner and people under them from trespassing into the plaint schedule item No.1 property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Mamman Thomas
- Party Age
- 70
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Eapen Mamman
- Party Age
- 67
- Relation
- S/o
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Anil. D. Kartha
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Injunction
Outcome:
Granted
Description:
An ad interim injunction is granted restraining the counter petitioner and people under them from trespassing into the plaint schedule item No.1 property, from altering or tampering with the present nature and lie of the plaint schedule item No.2 private road, from causing any obstruction to the plaintiff's use and enjoyment of item No.2 road, and also from committing any mischief therein until further orders.
Evidence:
an ad interim injunction is granted restraining the counter petitioner and people under them from trespassing into the plaint schedule item No.1 property, from altering or tampering with the present nature and lie of the plaint schedule item No.2 private road, from causing any obstruction to the plaintiff's use and enjoyment of item No.2 road, and also from committing any mischief therein until further orders.
Documents & Evidence
Case Classification
Case Type
Injunction
Category
Other Civil Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Common Reasons
Case Code
OS
Case Code Year
2025