Case Summary
The plaintiff, M/s. Gambier International Private Limited, is seeking an injunction to prevent the defendants from forcefully evicting them from the rented property. The defendants have entered appearance but filed written statements denying the allegations.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction
Case Type
Injunction
Final Judgment
No
The court decreed a permanent prohibitory injunction restraining the defendants from forcefully evicting the plaintiff. The parties were directed to bear their respective costs.
Why Plaintiff Won:
The case of the plaintiff stands proved by the uncontested evidence.
The case of the plaintiff stands proved by the uncontested evidence.
Losing Side's Weaknesses:
The case of the plaintiff stands proved by the uncontested evidence.
The case of the plaintiff stands proved by the uncontested evidence.
Supporting Evidence
The case of the plaintiff stands proved by the uncontested evidence of PW1. There is no reason to disbelieve the evidence of PW1.
Judgment Evidence:
In the result, the suit is decreed as follows: a decree of permanent prohibitory injunction is passed restraining the defendants, their men and agents from forcefully evicting the plaintiff from the plaint schedule property, otherwise than by due process of law.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M/s. Gambier International Private Limited
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Darley Peethambaran
- Party Age
- 69
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Deena Peethambaran
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- A.K Santhosh @ ATS Santhosh
- Party Age
- 62
- Relation
- S/o
Plaintiffs Documents
Minutes of meeting of the Board of Directors, Rental Deeds, True copies of terms and conditions for renewal of Rent Agreement, Computer print out of e mail communication, True copies of letters, True copies of counter foils issued by Federal Bank, True copies of Payment Vouchers
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- V. K Issac
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Albert V. John
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Rani Diothima P
- Appearance Type
- Government Pleader
- Party Role
- Defendant
- Advocate Name
- Sabu Pullan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
A decree of permanent prohibitory injunction is passed restraining the defendants from forcefully evicting the plaintiff.
Evidence:
the suit is decreed as follows: a.A decree of permanent prohibitory injunction is passed restraining the defendants, their men and agents from forcefully evicting the plaintiff from the plaint schedule property, otherwise than by due process of law.
Relief Type:
Other
Outcome:
Granted
Description:
The parties are directed to suffer their respective costs to the suit.
Evidence:
the parties are directed to suffer their respective costs to the suit.
Documents & Evidence
Document Type:
Minutes of meeting of the Board of Directors
Submitted By:
Plaintiff
Relevance:
This document was presented as evidence by the plaintiff.
Reference:
Ext.A1
Document Type:
Rental Deed
Submitted By:
Plaintiff
Relevance:
This document supports the plaintiff's case regarding the rental agreements.
Reference:
Ext.A2
Document Type:
Rental Deed
Submitted By:
Plaintiff
Relevance:
This document supports the plaintiff's case regarding the rental agreements.
Reference:
Ext.A3
Document Type:
True copy of terms and conditions for renewal of Rent Agreement
Submitted By:
Plaintiff
Relevance:
This document was referenced but marked subject to proof.
Reference:
Ext.A4
Document Type:
Computer print out of e mail communication
Submitted By:
Plaintiff
Relevance:
This document was referenced but marked subject to proof.
Reference:
Ext.A5
Document Type:
True copy of letter
Submitted By:
Plaintiff
Relevance:
This document was referenced but marked subject to proof.
Reference:
Ext.A6
Document Type:
Computer print out of e mail communication
Submitted By:
Plaintiff
Relevance:
This document was referenced but marked subject to proof.
Reference:
Ext.A7
Document Type:
True copy of letter
Submitted By:
Plaintiff
Relevance:
This document was referenced but marked subject to proof.
Reference:
Ext.A8
Document Type:
True copy of counter foil issued by Federal Bank
Submitted By:
Plaintiff
Relevance:
This document was referenced but marked subject to proof.
Reference:
Ext.A9
Document Type:
True copy of Payment Voucher
Submitted By:
Plaintiff
Relevance:
This document was referenced but marked subject to proof.
Reference:
Ext.A10
Document Type:
True copy of Payment Voucher and counter foil
Submitted By:
Plaintiff
Relevance:
This document was referenced but marked subject to proof.
Reference:
Ext.A11
Document Type:
True copy of counter foils
Submitted By:
Plaintiff
Relevance:
This document was referenced but marked subject to proof.
Reference:
Ext.A12
Document Type:
True copy of counter foil
Submitted By:
Plaintiff
Relevance:
This document was referenced but marked subject to proof.
Reference:
Ext.A13
Document Type:
True copy of Payment Voucher and counter foil
Submitted By:
Plaintiff
Relevance:
This document was referenced but marked subject to proof.
Reference:
Ext.A14
Document Type:
Computer print out of Statement of Account for the period from 01.04.2022 to 31.03.2023
Submitted By:
Plaintiff
Relevance:
This document was referenced but marked subject to proof.
Reference:
Ext.A15
Document Type:
Payment Receipt
Submitted By:
Plaintiff
Relevance:
This document was referenced but marked subject to proof.
Reference:
Ext.A16
Document Type:
Payment Receipt
Submitted By:
Plaintiff
Relevance:
This document was referenced but marked subject to proof.
Reference:
Ext.A16(a)
Document Type:
Payment Receipt
Submitted By:
Plaintiff
Relevance:
This document was referenced but marked subject to proof.
Reference:
Ext.A16(b)
Document Type:
Payment Receipt
Submitted By:
Plaintiff
Relevance:
This document was referenced but marked subject to proof.
Reference:
Ext.A16(c)
Document Type:
Payment Receipt
Submitted By:
Plaintiff
Relevance:
This document was referenced but marked subject to proof.
Reference:
Ext.A16(d)
Document Type:
Payment Receipt
Submitted By:
Plaintiff
Relevance:
This document was referenced but marked subject to proof.
Reference:
Ext.A16(e)
Document Type:
Payment Receipt
Submitted By:
Plaintiff
Relevance:
This document was referenced but marked subject to proof.
Reference:
Ext.A16(f)
Document Type:
Payment Receipt
Submitted By:
Plaintiff
Relevance:
This document was referenced but marked subject to proof.
Reference:
Ext.A16(g)
Document Type:
Quotation issued by Excellent Wood Works
Submitted By:
Plaintiff
Relevance:
This document was referenced as part of the evidence.
Reference:
Ext.A17
Document Type:
Work Order
Submitted By:
Plaintiff
Relevance:
This document was referenced as part of the evidence.
Reference:
Ext.A18
Document Type:
Tax Invoice
Submitted By:
Plaintiff
Relevance:
This document was referenced as part of the evidence.
Reference:
Ext.A19
Document Type:
Quotation
Submitted By:
Plaintiff
Relevance:
This document was referenced as part of the evidence.
Reference:
Ext.A20
Document Type:
Receipt issued by Cochin Corporation
Submitted By:
Plaintiff
Relevance:
This document was referenced as part of the evidence.
Reference:
Ext.A21
Document Type:
Commission Report filed by Adv. Ahalya Prakash
Submitted By:
Court
Relevance:
This document was marked as a court exhibit.
Reference:
Ext.C1
Case Classification
Case Type
Injunction
Category
Injunction and Access Rights
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Unauthorized occupation
Case Code
Case between M/s. Gambier International Private Limited vs Darley Peethambaran et al regarding injunction
Case Code Year
Case between M/s. Gambier International Private Limited vs Darley Peethambaran et al regarding injunction