Skip to main content
Niyamam AI Niyamam AI

Main navigation

  • Home
  • Lawyer Login
  • Lawyer Registration
  • About us
  • Contact
O.S. No. 1231/2024

Case between Muniswary Arunachalam vs John P Koshy regarding temporary injunction

Court
COURT OF MUNSIFF, ERNAKULAM
Judge
Smt. Needi.K.Dinamany
Order Date
2025-07-30
Duration
Case Closed

Judgement document from eCourt website

Judgment Document
Save Case Find Similar Cases

Case Summary

The petitioner, Muniswary Arunachalam, is seeking a temporary injunction against the respondent, John P Koshy, who is the landowner, to prevent evictions from a tenanted property. The case revolves around claims of non-payment of rent and the petitioner's fear of unlawful eviction.

Judgment Outcome

Defendant Won
Interim Order
The court dismissed the petition for a temporary injunction, finding that the petitioner failed to establish a prima facie case and that the balance of convenience did not favor her.
Judgment Favored
Defendant
Relief Granted
Case Type
Injunction
Final Judgment
No
The court dismissed the petition for a temporary injunction, finding that the petitioner failed to establish a prima facie case and that the balance of convenience did not favor her.
Key Reasoning:
The petitioner failed to prove a prima facie case and did not comply with procedural requirements.
Why Defendant Won:
The petitioner failed to prove a prima facie case and did not comply with procedural requirements.
Supporting Evidence
Therefore, the court is satisfied that the petitioner has failed to establish a prima facie case and the respondents on the other hand contended that they require the property for their bona fide need.

Judgment Evidence:

In the result, 1) Petition is dismissed.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Muniswary Arunachalam
Party Age
48
Relation
D/o
Party Role
Defendant
Party Name
John P Koshy
Party Age
65
Plaintiffs Documents
Original Medical certificate, Photocopy of discharge summary, Photocopy of google pay receipts (13 Nos)
Defendants Documents
Copy of Letter, Letter with postal cover

Advocates

Party Role
Plaintiff
Advocate Name
P B Pradeep
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Mohammed Niyas
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
Philip T Varghese
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Thomas T Varghese
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
Achu Shuba Abraham
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
Urmila M G
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
Amala Purushothaman
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
Teenu Joseph
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
Maria Angel
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
Mary Aleena Surrao
Appearance Type
Assisting Counsel

Reliefs

Relief Type: Injunction
Outcome: Refused
Description:
Petitioner sought an order of temporary injunction to restrain the respondent from forcibly evicting him.
Evidence:
Thus from the Ext B1 also it is evident that the interim order passed is liable to be vacated as not complied with the procedure under Order 39 rule 3 of CPC.

Documents & Evidence

Document Type: Medical Certificate
Submitted By: Plaintiff
Relevance:
Original Medical certificate submitted to support the plaintiff's claim.
Reference:
Ext.A1
Document Type: Discharge Summary
Submitted By: Plaintiff
Relevance:
Photocopy of discharge summary submitted to support the plaintiff's health condition.
Reference:
Ext.A2
Document Type: Payment receipts
Submitted By: Plaintiff
Relevance:
Photocopy of google pay receipts to show payment history.
Reference:
Ext.A3
Document Type: Letter
Submitted By: Defendant
Relevance:
Copy of Letter submitted by the defendant regarding unpaid dues.
Reference:
Ext.B1
Document Type: Letter with postal cover
Submitted By: Defendant
Relevance:
Letter with postal cover submitted to provide evidence of communication.
Reference:
Ext.B2
Document Type: Commission Report
Submitted By: Court
Relevance:
Court's own report relevant to the case proceedings.
Reference:
Ext.C1
Document Type: Rough Sketch
Submitted By: Court
Relevance:
Rough sketch provided as part of the court's documentation.
Reference:
Ext.C1(a)

Case Classification

Case Type
Injunction
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between Muniswary Arunachalam vs John P Koshy regarding temporary injunction
Case Code Year
Case between Muniswary Arunachalam vs John P Koshy regarding temporary injunction

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Case Closed
From
Tue, 07/01/2025 - 12:00
To
Thu, 07/31/2025 - 12:00
Outcome Confidence
100%

Involved Entities

Similar Cases

Case between Santharam et al vs R. Ramesh et al regarding injunction
COURT OF THE PRINCIPAL MUNSIFF, ERNAKULAM
Injunction Plaintiff Won
Case between V. N Ranganathan vs Sajeevan et al regarding injunction and consequential relief
THE PRINCIPAL MUNSIFF, ERNAKULAM
Injunction Defendant Won
Case between Jose John vs Golden Metro Apartment Owners Association et al regarding violations of association bylaws and waste collection
MUNSIFF COURT, ERNAKULAM
Injunction Plaintiff Won
Case between K.S. Vinod vs Dr. S. Satish Bhat et al regarding permanent prohibitory injunction
THE COURT OF THE THIRD ADDL. MUNSIFF & RENT CONTROLLER, ERNAKULAM
Injunction Plaintiff Won
Case between Shyju Antony vs The Apostolic Administrator et al regarding appointments of Chancellor & Finance Officer
The Court of the Munsiff, Ernakulam
Injunction Defendant Won