Skip to main content
Niyamam AI Niyamam AI

Main navigation

  • Home
  • Lawyer Login
  • Lawyer Registration
  • About us
  • Contact
O.S. 335/2024

Case between Omana Markose vs P.O Devarsykutty, Piramal Capital and Housing Finance Limited regarding temporary injunction.

Court
COURT OF THE MUNSIFF, KOTTAYAM
Judge
Smt. Jyothi Babu R
Order Date
2025-02-24
Duration
Case Code No.
335
Case Closed

Judgement document from eCourt website

Judgment Document
Save Case Find Similar Cases

Case Summary

Omana Markose, represented by her Power of Attorney Sunny Mathew, filed a petition against P.O Devarsykutty and Piramal Capital and Housing Finance Limited. The case involves a request for a temporary injunction to prevent the defendants from illegally trespassing on the petition schedule property owned by the plaintiff.

Judgment Outcome

Plaintiff Won
Interim Order
The court granted the petitioner's request for a temporary injunction against the defendants, restraining them from illegally trespassing on the petition schedule property.
Judgment Favored
Plaintiff
Relief Granted
Temporary injunction granted against the respondents from illegally trespassing into the petition schedule property.
Case Type
Civil Suit
Final Judgment
No
The court granted the petitioner's request for a temporary injunction against the defendants, restraining them from illegally trespassing on the petition schedule property.
Why Plaintiff Won:
The petitioner prima facie established a right over the petition schedule property.
Losing Side's Weaknesses:
The petitioner prima facie established a right over the petition schedule property.
Supporting Evidence
It can be held that the petitioner could prima facie establish a right over the petition schedule property. If injunction is not granted, irreparable loss and injury could be caused to the petitioner.

Judgment Evidence:

In the result, the petition is allowed as follows; The respondents and their men are restrained by an order of temporary injunction from illegally trespassing into the petition schedule property and taking forceful possession of plaint schedule property or altering its boundaries, till the disposal of the suit.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Omana Markose
Party Age
80
Relation
W/o late C. Markose
Party Role
Plaintiff
Party Name
Sunny Mathew
Party Age
61
Relation
S/o Mathew
Party Role
Defendant
Party Name
P.O Devarsykutty
Party Age
69
Relation
S/o Ouseph
Party Role
Defendant
Party Name
Piramal Capital and Housing Finance Limited
Plaintiffs Documents
Sale deed No. 1715/10, power of attorney, Tax receipt No. KL 05031707238/24, Death Certificate.
Defendants Documents
Sale deed No. 1028/17, case details from Chief Judicial Magistrate Court, copy of judgments in WP(C)No.15394/24 and WP(C)No.30600/21.

Advocates

Party Role
Plaintiff
Advocate Name
George.C. Kuruvilla
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Greeshma Viji
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Nitheesh.S
Appearance Type
Main Counsel

Reliefs

Relief Type: Injunction
Outcome: Granted
Description:
Temporary injunction from illegally trespassing into the petition schedule property and taking forceful possession.
Evidence:
The petition is allowed as follows; The respondents and their men are restrained by an order of temporary injunction from illegally trespassing into the petition schedule property and taking forceful possession of plaint schedule property or altering its boundaries, till the disposal of the suit.

Documents & Evidence

Document Type: Sale deed
Submitted By: Plaintiff
Relevance:
Exhibit A1 is Sale deed no.1715/10 whereby Markose, the husband of the petitioner obtained title over 1.21 Ares of property comprised in Resurvey no: 173/6/2.
Reference:
Ext.A1
Document Type: Power of Attorney
Submitted By: Plaintiff
Relevance:
Photocopy of power of attorney.
Reference:
Ext.A2
Document Type: Tax receipt
Submitted By: Plaintiff
Relevance:
Photocopy of Tax receipt No. KL 05031707238/24 of Nattakam Village office.
Reference:
Ext.A3
Document Type: Death Certificate
Submitted By: Plaintiff
Relevance:
Photocopy of Death Certificate.
Reference:
Ext.A4
Document Type: Sale deed
Submitted By: Defendant
Relevance:
Photocopy of Sale deed No. 1028/17 of Kottayam SRO Principal.
Reference:
Ext.B1
Document Type: Case Details
Submitted By: Defendant
Relevance:
Photocopy of case details from Chief Judicial Magistrate Court, Kottayam.
Reference:
Ext.B2
Document Type: Judgment Copy
Submitted By: Defendant
Relevance:
Photocopy of Judgment in UP(C) No. 15394/24 of Hon'ble High Court of Kerala.
Reference:
Ext.B3
Document Type: Judgment Copy
Submitted By: Defendant
Relevance:
Photocopy of Judgment in WP(C) No. 30600/21 of Hon'ble High Court of Kerala.
Reference:
Ext.B4
Document Type: MC Details
Submitted By: Defendant
Relevance:
Photocopy of MC 189/22 of Chief Judicial Magistrate Kottayam and Synopsis of Hon'ble High Court of Kerala.
Reference:
Ext.B5
Document Type: Judgment Copy
Submitted By: Defendant
Relevance:
Photocopy of Judgment in WP(c) No. 13830/24 of Hon'ble High Court of Kerala.
Reference:
Ext.B6
Document Type: Rent Deed
Submitted By: Defendant
Relevance:
Photocopy of Rent deed No. 47/24 of SRO Kottayam Principal.
Reference:
Ext.B7

Case Classification

Case Type
Civil Suit
Category
Other Civil Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Common Reasons
Non-payment of rent
Case Code
O.S.
Case Code Year
2024

Quick Facts

Location
Kottayam District, Kerala
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Case Filed
Case Closed
From
Sat, 02/01/2025 - 12:00
To
Fri, 02/28/2025 - 12:00
Outcome Confidence
90%

Involved Entities

Similar Cases

Case between M/s Mathews and Sons Finance vs Johnychan Mathew et al regarding realization of money.
COURT OF THE MUNSIFF, KOTTAYAM
Civil Suit Plaintiff Won
Case between Kuruvilla Joseph vs Asha Jayadevan regarding recovery of money as arrears of rent.
COURT OF THE MUNSIFF, KOTTAYAM
Civil Suit Plaintiff Won
Case between M/s Mathew and Sons Finance vs Thomas.J.S et al regarding compromise petition.
THE MUNSIFF, KOTTAYAM
Civil Suit Unknown
Case between Shajimon Mathew vs Ayyappan et al regarding compromise petition
MUNSIFF COURT, KOTTAYAM
Civil Suit Plaintiff Won
Case between Self Employers Service Society vs James E. Joseph et al regarding realization of money
COURT OF THE MUNSIFF, KOTTAYAM
Civil Suit Plaintiff Won