Case Summary
Pratheesh J R is the petitioner seeking a temporary injunction against Sanilkumar K S, who is the counter claim defendant. The petitioner claims he is the owner of a generator rented to the respondent, who defaulted on payments.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Temporary injunction restraining the respondent from alienating the counter claim schedule property.
Case Type
Civil Suit
Final Judgment
No
The court allowed the petition for a temporary injunction against the respondent, restraining him from alienating the property until the suit's disposal.
Why Plaintiff Won:
The petitioner established a prima facie case and demonstrated that irreparable injury would be caused if the injunction was not granted.
The petitioner established a prima facie case and demonstrated that irreparable injury would be caused if the injunction was not granted.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The court is satisfied that the apprehension of the petitioner is well founded. Since the schedule property is a movable property if the property is sold to another person, its title also goes along with possession. Hence balance of convenience is in favour of the petitioner.
Judgment Evidence:
In the result, the petition is allowed as follows: 1) The respondent is restrained by way of temporary injunction from alienating the counter claim schedule property till the disposal of the suit.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Pratheesh J R
- Party Age
- 49
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sanilkumar K S
- Party Age
- 43
- Relation
- S/o
Plaintiffs Documents
Original receipt of purchase of counter claim scheduled property, Printout of the screen shots of google pay transfer of monthly rent, Copy of Complaint filed before the C I, Infopark Police Station, Acknowledgement receipt of petition issued from InfoPark Police Station
Defendants Documents
Photographs
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Dougles Linsby N R
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Nandu V
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Vijith Kumar J V
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Antony Robert Dias
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Judy Jose
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Litto Palathingal
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sreevarthik
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Temporary Injunction
Outcome:
Granted
Description:
The respondent is restrained by way of temporary injunction from alienating the counter claim schedule property till the disposal of the suit.
Evidence:
Hence the point 1 to 4 are found in favour of the petitioner. The petition is allowed as follows: The respondent is restrained by way of temporary injunction from alienating the counter claim schedule property till the disposal of the suit.
Relief Type:
Costs
Outcome:
Not Decided
Description:
No order as to costs.
Evidence:
No order as to costs.
Documents & Evidence
Document Type:
Receipt
Submitted By:
Plaintiff
Relevance:
Original receipt of purchase of counter claim scheduled property
Reference:
Ext.A1
Document Type:
Google Pay Transfer Screenshot
Submitted By:
Plaintiff
Relevance:
Printout of the screen shots of google pay transfer of monthly rent to the account of Mr. Ajeesh P K K
Reference:
Ext.A2
Document Type:
Copy of complaint
Submitted By:
Plaintiff
Relevance:
Copy of Complaint filed before the C I, Infopark Police Station by the petitioner
Reference:
Ext.A3
Document Type:
Acknowledgement Receipt
Submitted By:
Plaintiff
Relevance:
Acknowledgement receipt of petition issued from InfoPark Police Station
Reference:
Ext.A4
Document Type:
Photographs
Submitted By:
Defendant
Relevance:
Photographs submitted by the respondent
Reference:
Ext.B1
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
O.S.NO.
Case Code Year
2023