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
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction against the defendants from causing any obstruction.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The plaintiffs established their case with unchallenged evidence that the defendants had no legal right to obstruct the plaintiffs' property.
The plaintiffs established their case with unchallenged evidence that the defendants had no legal right to obstruct the plaintiffs' property.
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
Plaintiffs
M/s Melmont Constructions Pvt. Ltd. (Age not specified years)
No. 41/199A, Padivattom NH 47 Bypass, Edappally P O, Cochin, Ernakulam, Kerala – 682024
M/s Purva Realties Pvt. Ltd. (Age not specified years)
No. 41/199A, Padivattom NH 47 Bypass, Edappally P O, Cochin, Ernakulam, Kerala – 682024
M/s Puravankara Limited (Age not specified years)
No: 130/1, Ulsoor Road, Bangalore, Pin 560042
Defendants
Jayesh (30 years)
District President of Youth Wing of 'Lok Tantric Janata Dal', Lok Tantric Janata Dal District Committee Office, 4th Floor, Esplanade, Convent Junction, Ernakulam, Pin 682011
Varghese (45 years)
Member of Youth Wing of 'Lok Tantric Janata Dal', Lok Tantric Janata Dal District Committee Office, 4th Floor, Esplanade, Convent Junction, Ernakulam, Pin 682011
Suresh (35 years)
Mandalam President of 'Lok Tantric Janata Dal', Lok Tantric Janata Dal District Committee Office, 4th Floor, Esplanade, Convent Junction, Ernakulam, Pin 682011
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