Case Summary
The petitioner, Mathew S.A @ Mathukutty, seeks an interim prohibitory injunction against the respondent, Siju Purushothaman @ Siju. The case involves preventing the respondent from encroaching on a pathway until further orders.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Ad-interim ex parte injunction
Case Type
Injunction
Final Judgment
No
Why Plaintiff Won:
The petitioner/plaintiff has made out a prima facie case justifying the grant of an ad-interim injunction.
The petitioner/plaintiff has made out a prima facie case justifying the grant of an ad-interim injunction.
Judgment Evidence:
Hence an ad-interim exparte injunction order is passed as follows: The respondent his men, agents, henchmen or family members are restrained from encroaching in plaint ‘B’ schedule pathway by demolishing the concrete posted fencing which closes the entry from the strip of land belonging to the respondent to ‘B’ schedule pathway and from using plaint ‘B’ schedule pathway and also from causing any inconvenience or obstructions to the petitioner and his family until further orders.
Parties Involved
Plaintiffs
Mathew S.A @ Mathukutty (68 years years)
Chelampurath Puthenpurayil, Mamala P.O, Pin: 682305, Thiruvaniyoor Village, Ernakulam
Defendants
Siju Purushothaman @ Siju (40 years years)
Mukkiparambil (Mullanparambil) House, Mamala P.O, Pin:682305, Kakkad Kara, Thiruvaniyoor Village, Kunnathunadu Taluk, Ernakulam District
Reliefs
Relief Type:
Injunction
Outcome:
Granted
Description:
An ad-interim injunction was granted restraining the defendant and his agents from encroaching on the plaintiff's pathway.
Evidence:
I am satisfied that the petitioner/plaintiff has made out a prima facie case justifying the grant of an ad-interim injunction.
Documents & Evidence
Document Type:
Affidavit
Submitted By:
Plaintiff
Relevance:
The court considered the affidavit filed by the plaintiff while making its decision.
Reference: