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O.S. No. 244 / 2023

Case between M/s Melmont Constructions Pvt. Ltd. et al vs Jayesh et al regarding permanent prohibitory injunction.

Court
COURT OF MUNSIFF, ERNAKULAM
Judge
Smt. Needi.K.Dinamany
Order Date
2025-08-06
Duration
approximately-2 years 5 months
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

The plaintiffs, M/s Melmont Constructions Pvt. Ltd. and others, are seeking a permanent injunction against the defendants, who are members of the Youth Wing of 'Lok Tantric Janata Dal', for obstructing access to the plaintiffs' development project in Ernakulam. The defendants staged protests claiming illegal activities by the plaintiffs.

Judgment Outcome

Plaintiff Won
Interim Order
The court decreed in favor of the plaintiffs, issuing a permanent prohibitory injunction against the defendants to prevent any obstruction to the plaintiffs' project. The defendants were also ordered to pay the costs of the suit.
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction against the defendants from causing any obstruction.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiffs, issuing a permanent prohibitory injunction against the defendants to prevent any obstruction to the plaintiffs' project. The defendants were also ordered to pay the costs of the suit.
Why Plaintiff Won:
The plaintiffs established their case with unchallenged evidence that the defendants had no legal right to obstruct the plaintiffs' property.
Losing Side's Weaknesses:
The plaintiffs established their case with unchallenged evidence that the defendants had no legal right to obstruct the plaintiffs' property.
Supporting Evidence
I am satisfied that plaintiffs have established their case. The apprehension of plaintiffs are well founded and in the absence of any denial evidence, I am satisfied that plaintiffs are entitled for a decree.

Judgment Evidence:

In the result, suit is decreed on the following terms. Defendants are restrained by a permanent prohibitory injunction from causing any kind of obstruction for the plaintiffs officers, staff, contractors, vehicles, customers for their free and peaceful ingress and egress to the plaint schedule property.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
M/s Melmont Constructions Pvt. Ltd.
Relation
Represented by
Party Role
Plaintiff
Party Name
M/s Purva Realties Pvt. Ltd.
Relation
Represented by
Party Role
Plaintiff
Party Name
M/s Puravankara Limited
Relation
Represented by
Party Role
Defendant
Party Name
Jayesh
Party Age
30
Party Role
Defendant
Party Name
Varghese
Party Age
45
Party Role
Defendant
Party Name
Suresh
Party Age
35
Plaintiffs Documents
Letter of authorization dated 16.06.2025, Letter of authorization dated 28.05.2025, Letter of authorization dated 20.06.2025, Photographs evidencing demonstrations on 06.03.2023, True copy of judgment in WP (C) No.40021/2022 dated 17.06.2025.
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Jolly John
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Liza Meghan Cyriac
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Irene Babu
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Abilash Bhaskar
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
Binu John
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
Alex Thannippilly
Appearance Type
Assisting Counsel

Reliefs

Relief Type: Permanent Injunction
Outcome: Granted
Description:
Defendants are restrained from causing any kind of obstruction for the plaintiffs’ officers and staff.
Evidence:
Defendants are restrained by a permanent prohibitory injunction from causing any kind of obstruction for the plaintiffs officers, staff, contractors, vehicles, customers for their free and peaceful ingress and egress to the plaint schedule property.
Relief Type: Permanent Injunction
Outcome: Granted
Description:
Defendants are restrained from conducting demonstrations against the plaintiffs.
Evidence:
Defendants are restrained by a permanent prohibitory injunction from any kind of demonstrations including but not limited to dharna, meetings, slogans, signages etc against the plaintiffs within 100 meters on either side of the plaint schedule property on the national highway bye-pass side (western).
Relief Type: Costs
Outcome: Granted
Description:
Defendants are directed to pay costs of the suit to plaintiffs.
Evidence:
Defendants are directed to pay costs of the suit to plaintiffs.

Documents & Evidence

Document Type: Letter of Authorization
Submitted By: Plaintiff
Relevance:
Document shows authorization from the board for the first plaintiff.
Reference:
Ext.A1
Document Type: Letter of Authorization
Submitted By: Plaintiff
Relevance:
Document shows authorization from the board for the second plaintiff.
Reference:
Ext.A2
Document Type: Letter of Authorization
Submitted By: Plaintiff
Relevance:
Document shows authorization from the board for the third plaintiff.
Reference:
Ext.A3
Document Type: Photographs and Certificate
Submitted By: Plaintiff
Relevance:
Document provides evidence of demonstrations and obstructions caused by the defendants.
Reference:
Ext.A4
Document Type: True Copy of Judgment
Submitted By: Plaintiff
Relevance:
Document presents a legal judgment relevant to the plaintiffs' claims.
Reference:
Ext.A5

Case Classification

Case Type
Civil Suit
Category
Injunction and Access Rights
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between M/s Melmont Constructions Pvt. Ltd. et al vs Jayesh et al regarding permanent prohibitory injunction.
Case Code Year
Case between M/s Melmont Constructions Pvt. Ltd. et al vs Jayesh et al regarding permanent prohibitory injunction.

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Case Closed
From
Fri, 08/01/2025 - 12:00
To
Sun, 08/31/2025 - 12:00
Outcome Confidence
90%

Involved Entities

Private Individual

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