Case Summary
The plaintiff, M/s. Travelvava Private Limited, a travel agency, filed a suit against M/s Fly Creative Online Private Limited, seeking a permanent injunction due to ongoing harassment and disruption of business. The case involves disputes over payments and business relationships between the two agencies over 15 years.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction and costs of the suit.
Case Type
Civil Suit
Final Judgment
No
The court granted a permanent prohibitory injunction against the defendants, preventing them from disturbing the plaintiff's enjoyment of their property. Costs were also awarded to the plaintiff.
Why Plaintiff Won:
The plaintiff's claims were uncontroverted due to the defendants' failure to present evidence.
The plaintiff's claims were uncontroverted due to the defendants' failure to present evidence.
Losing Side's Weaknesses:
The plaintiff's claims were uncontroverted due to the defendants' failure to present evidence.
The plaintiff's claims were uncontroverted due to the defendants' failure to present evidence.
Supporting Evidence
The unrebutted oral testimony of PW1 and Ext. A3, established his case as pleaded by him. In the absence of any countervailing evidence to contradict this proof of plaint claim and Exhibits, this court learn that same remains uncontroverted and not open for any further discussions.
Judgment Evidence:
In the result, suit is decreed in part as follows; 1.A decree of permanent prohibitory injunction is passed restraining the defendants from entering into the plaint B schedule property of the plaintiff and from doing any act which will have the effect of disrupting the peaceful possession and enjoyment of the plaint B schedule property of the plaintiff.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M/s. Travelvava Private Limited
- Party Age
- 45
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- M/s Fly Creative Online Private Limited
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Mr. Yousuf
- Relation
- W/o
Plaintiffs Documents
Certified copy of Sale Deed No.2742/2014.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- V.P. Poulose Vallooran
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Amitha J.
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Jafarghan U.K.
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Shahim Binaziz
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Partly Granted
Description:
A decree of permanent prohibitory injunction restraining the defendants from entering into the plaint B schedule property.
Evidence:
Accordingly the plaint claims are admitted and the plaintiffs are entitled to the relief as prayed for.
Relief Type:
Other
Outcome:
Granted
Description:
The plaintiff is entitled to realize costs of the suit from the defendants and from their assets.
Evidence:
The plaintiff is entitled to realize costs of the suit from the defendants and from their assets.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Sale Deed No.2742/2014 establishes the plaintiff's case.
Reference:
Ext.A3
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Harassment by agents
Case Code
Case between M/s. Travelvava Private Limited vs M/s Fly Creative Online Private Limited et al regarding Permanent prohibitory injunction and other reliefs.
Case Code Year
Case between M/s. Travelvava Private Limited vs M/s Fly Creative Online Private Limited et al regarding Permanent prohibitory injunction and other reliefs.
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque issued towards legally enforceable debt