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
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.
The court determined that proper procedural compliance for the injunction was not met by the plaintiff.
Losing Side's Weaknesses:
Not available
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