Case Summary
P.J. George alias Josy, the plaintiff, seeks an interim injunction against Mohan Zachariya Mathews and others, who are accused of causing nuisance by dumping waste on the plaintiff's property. The defendants argue they have legal rights to the property under a lease agreement.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
Key Reasoning:
The court found that the plaintiff failed to provide sufficient evidence of a prima facie case.
The court found that the plaintiff failed to provide sufficient evidence of a prima facie case.
Judgment Evidence:
In the result, IA stands dismissed. Parties are directed to suffer their respective costs to the petition.
Parties Involved
Plaintiffs
P.J. George alias Josy (62 years)
Pallath House, Vennala, Ponnurunni Kara, Edapally South Village, Kanayannur Taluk, Ernakulam District, PIN – 682 028
Defendants
Mohan Zachariya Mathews (66 years)
Mamkoottathil, Alinchuvadu, Kanayannur Taluk, Ernakulam District, PIN – 682 028
Shirly Mohan Zachariya Mathews (63 years)
Mamkoottathil, Alinchuvadu, Kanayannur Taluk, Ernakulam District, PIN- 682 028
Nidhin Mathew Zachariya (38 years)
Mamkoottathil, Alinchuvadu, Kanayannur Taluk, Ernakulam District, PIN – 682 028
Reliefs
Relief Type:
Injunction
Outcome:
Refused
Description:
The plaintiff sought an interim order of injunction.
Evidence:
The plaintiff has failed to establish a prima facie case or balance of convenience or possibility of an irreparable injury being caused to him.
Documents & Evidence
Document Type:
Deed of Lease Agreement
Submitted By:
Plaintiff
Relevance:
Marked as a copy of the lease agreement for consideration in the petition.
Reference:
Ext.A1
Document Type:
Deed Lease Agreement
Submitted By:
Plaintiff
Relevance:
Marked as a copy of the lease agreement for consideration in the petition.
Reference:
Ext.A2
Document Type:
Copy of Plaint in O.S 369/2025
Submitted By:
Defendant
Relevance:
Marked for consideration in the petition.
Reference:
Ext.A3
Document Type:
Copy of Injunction Petition
Submitted By:
Defendant
Relevance:
Marked for consideration in the petition.
Reference:
Ext.A4
Document Type:
Copy of Injunction Order and Schedule in O.S 369/2025
Submitted By:
Defendant
Relevance:
Marked for consideration in the petition.
Reference:
Ext.A5
Document Type:
Copy of Petition in RCP 222/2019
Submitted By:
Plaintiff
Relevance:
Marked for consideration in the petition.
Reference:
Ext.A6
Document Type:
Copy of Petition in RCP 223/2019
Submitted By:
Plaintiff
Relevance:
Marked for consideration in the petition.
Reference:
Ext.A7
Document Type:
Interim Commission Report
Submitted By:
Court
Relevance:
Marked for consideration in the petition.
Reference:
Ext.C1
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Marked for consideration in the petition.
Reference:
Ext.C2
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Marked for consideration in the petition.
Reference:
Ext.C3