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OS.No.1819/2024

Case between Mubarak vs Soman regarding vacating ad interim injunction

Court
COURT OF ADDITIONAL MUNSIFF (RCC)
Judge
Smt.Salini.B
Order Date
2025-01-08
Duration
Case Code No.
1819
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

This case involves Mubarak as the plaintiff and Soman as the 5th defendant. The petition filed by Soman seeks to vacate an ad interim injunction on grounds of non-compliance with procedural requirements.

Judgment Outcome

Plaintiff Won
Interim Order
The court allowed the petition to vacate the ad interim injunction due to non-compliance. However, it ordered that the status quo be maintained until the final resolution of the case.
Judgment Favored
Plaintiff
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court allowed the petition to vacate the ad interim injunction due to non-compliance. However, it ordered that the status quo be maintained until the final resolution of the case.
Why Plaintiff Won:
The court determined that proper procedural compliance for the injunction was not met by the plaintiff.
Losing Side's Weaknesses:
Not available
Supporting Evidence
The court assessed that if the injunction was granted without required notification to the opposite party, it is liable to be vacated.

Judgment Evidence:

In the result, the petition is allowed and ad interim injunction order granted in IA 1/2024 date 11.12.2024 is hereby vacated for non-compliance of clauses (a) and (b) of proviso to Rule 3 of the Order XXXIX of the Code of Civil Procedure.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Mubarak
Party Age
41
Relation
S/o
Party Role
Defendant
Party Name
Soman
Party Age
61
Relation
S/o
Plaintiffs Documents
Defendants Documents

Advocates

Party Role
Defendant
Advocate Name
Sri.Vinoj Rajan
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Smt.Sreeja S Nair
Appearance Type
Assisting Counsel
Party Role
Plaintiff
Advocate Name
Sri.P.Sasidharan Nair
Appearance Type
Main Counsel

Reliefs

Relief Type: Injunction
Outcome: Vacated
Description:
The ad interim injunction granted in IA 1/2024 is vacated for non-compliance.
Evidence:
the petition is allowed and ad interim injunction order granted in IA 1/2024 date 11.12.2024 is hereby vacated for non-compliance of clauses (a) and (b) of proviso to Rule 3 of the Order XXXIX of the Code of Civil Procedure

Documents & Evidence

Document Type: Order
Submitted By: Court
Relevance:
The court referenced this order to discuss the basis for granting the ad interim injunction.
Reference:
IA 1/2024 dated 11.12.2024
Document Type: Commission Report
Submitted By: Court
Relevance:
The commission report was reviewed to ascertain the possession status of the petition schedule building.
Reference:
IA 2/2024

Case Classification

Case Type
Civil Suit
Category
Other Civil Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Case Code
OS.NO.
Case Code Year
2024

Quick Facts

Location
THIRUVANANTHAPURAM
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Case Filed
Case Closed
From
Wed, 01/01/2025 - 12:00
To
Fri, 01/31/2025 - 12:00
Outcome Confidence
75%

Involved Entities

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