O.S No. 467/2025

Case between P.J. George alias Josy vs Mohan Zachariya Mathews et al regarding interim injunction.

Court

THE COURT OF THE PRINCIPAL MUNSIFF, ERNAKULAM

Judge

Sri. Rohit Nandakumar

Order Date

2025-06-19

Duration

Case Closed

Judgement document from eCourt website

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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

Defendant Won

Interim Order

The court dismissed the plaintiff's application for an interim injunction, stating that the plaintiff did not establish a prima facie case or balance of convenience in his favor. The current status quo on the property was allowed to continue.

Judgment Favored

Defendant

Relief Granted

Case Type

Civil Suit

Final Judgment

Key Reasoning:
The court found that the plaintiff failed to provide sufficient evidence of a prima facie case.

Why Defendant Won:
The court found that the plaintiff failed to provide sufficient evidence of a prima facie case.

Supporting Evidence

The petitioner does not have a prima facie case in his favor and the balance of convenience is in favor of the defendant.

Judgment Evidence:

In the result, IA stands dismissed. Parties are directed to suffer their respective costs to the petition.

Parties Involved

Parties

Party Role: Plaintiff
Party Name: P.J. George alias Josy
Party Age: 62
Relation: S/o

Party Role: Defendant
Party Name: Mohan Zachariya Mathews
Party Age: 66
Relation: S/o

Party Role: Defendant
Party Name: Shirly Mohan Zachariya Mathews
Party Age: 63
Relation: W/o

Party Role: Defendant
Party Name: Nidhin Mathew Zachariya
Party Age: 38
Relation: S/o

Plaintiffs Documents

Deed of Lease Agreement dated 02.08.2004, Deed Lease Agreement dated 04.08.2004, Copy of Plaint in O.S 369/2025, Copy of Injunction Order and Schedule in O.S 369/2025.

Defendants Documents

Advocates

Party Role: Plaintiff
Advocate Name: Dr. V. N Shankarjee
Appearance Type: Main Counsel

Party Role: Plaintiff
Advocate Name: V. N Madhusudanan
Appearance Type: Main Counsel

Party Role: Plaintiff
Advocate Name: R. Udaya Jyothi
Appearance Type: Main Counsel

Party Role: Plaintiff
Advocate Name: Keerthi B. Chandran
Appearance Type: Main Counsel

Party Role: Plaintiff
Advocate Name: P. K Vijayan Pillai
Appearance Type: Main Counsel

Party Role: Plaintiff
Advocate Name: Shilpa P. S
Appearance Type: Main Counsel

Party Role: Plaintiff
Advocate Name: Unnikrishnan H
Appearance Type: Main Counsel

Party Role: Plaintiff
Advocate Name: Aswin P. S
Appearance Type: Main Counsel

Party Role: Plaintiff
Advocate Name: Shriya Merlin Maxwell
Appearance Type: Main Counsel

Party Role: Defendant
Advocate Name: Johnson Abraham
Appearance Type: Main Counsel

Party Role: Defendant
Advocate Name: Nelson Abraham
Appearance Type: Main Counsel

Party Role: Defendant
Advocate Name: Emil Johnson
Appearance Type: Main Counsel

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: