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O.S.No. 318 /2024

Case between Mr. Nishan Mohammed vs Trinity World Apartment Owners Association et al regarding temporary injunction.

Court
II Additional Munsiff Court
Judge
Smt. Needi.K. Dinamany
Order Date
2024-03-25
Duration
Case Code No.
318
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

Mr. Nishan Mohammed filed a petition for a temporary injunction against the Trinity World Apartment Owners Association and its members. The court considered the request and determined that granting the injunction was necessary to prevent potential irreparable harm to the petitioner.

Judgment Outcome

Plaintiff Won
Interim Order
The court granted a temporary injunction to Mr. Nishan Mohammed to prevent the defendants from conducting any construction or blockage in the affected area of the property.
Judgment Favored
Plaintiff
Relief Granted
Interim injunction restraining defendants from putting up any construction or blockage in the northeastern side of the living-room of the plaint schedule property until further orders.
Case Type
Injunction
Final Judgment
No
The court granted a temporary injunction to Mr. Nishan Mohammed to prevent the defendants from conducting any construction or blockage in the affected area of the property.
Why Plaintiff Won:
The petitioner demonstrated a prima facie case and the risk of irreparable injury without the injunction was deemed significant by the court.
Losing Side's Weaknesses:
The petitioner demonstrated a prima facie case and the risk of irreparable injury without the injunction was deemed significant by the court.
Supporting Evidence
I am satisfied that the petitioner has made out a prima facie case and if order of temporary injunction is not granted, irreparable injury is likely to be caused to the petitioner.

Judgment Evidence:

Hence an order of interim injunction is passed restraining defendants from putting up any construction or blockage in an around and north-eastern side of living-room of plaint schedule property until further orders.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Mr. Nishan Mohammed
Party Age
43
Relation
S/o
Party Role
Defendant
Party Name
Trinity World Apartment Owners Association
Relation
Represented by
Party Role
Defendant
Party Name
Mr. Ranjith.V.U
Party Age
50
Party Role
Defendant
Party Name
Mr. Anoop Sekhar
Party Age
39
Party Role
Defendant
Party Name
Mr. Joby George
Party Age
47
Party Role
Defendant
Party Name
Mr. Jason Joy
Party Age
48
Plaintiffs Documents
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
R.O. Muhamed Shemeem
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Naseeha Beegum.P.S
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Anood Jalal K.J
Appearance Type
Main Counsel

Reliefs

Relief Type: Injunction
Outcome: Granted
Description:
an order of interim injunction is passed restraining defendants from putting up any construction or blockage in an around and north-eastern side of living-room of plaint schedule property until further orders
Evidence:
an order of interim injunction is passed restraining defendants from putting up any construction or blockage in an around and north-eastern side of living-room of plaint schedule property until further orders

Documents & Evidence

Case Classification

Case Type
Injunction
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
O.S.NO.
Case Code Year
2024

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Case Closed
From
Fri, 03/01/2024 - 12:00
To
Sun, 03/31/2024 - 12:00
Outcome Confidence
90%

Involved Entities

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