Case Summary
P.U Mathen, the plaintiff, filed an application for an ad interim injunction against the defendants, Shaji Kurian and Shintu Susan Shaji, to prevent them from excavating soil from specific properties. The court found a prima facie case in favor of the plaintiff.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Ad interim injunction granted.
Case Type
Injunction
Final Judgment
No
The court granted an ad interim injunction to the plaintiff against the defendants to prevent soil excavation that would damage the plaintiff’s property.
Why Plaintiff Won:
A prima facie case was established by the plaintiff showing potential harm from the defendants' actions.
A prima facie case was established by the plaintiff showing potential harm from the defendants' actions.
Losing Side's Weaknesses:
A prima facie case was established by the plaintiff showing potential harm from the defendants' actions.
A prima facie case was established by the plaintiff showing potential harm from the defendants' actions.
Supporting Evidence
I am satisfied that a prima facie case has been made out and if notice issued delay will occurred and the same would defeat the very purpose of the above application.
Judgment Evidence:
Hence ad interim injunction is granted, the defendants and men under them from temporarily restrained from further excavating soil from plaint schedule item No.3 property there by causing damage to the lateral support of plaint schedule item.1 property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- P.U Mathen
- Party Age
- 87
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Shaji Kurian
- Party Age
- 63
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Shintu Susan Shaji
- Party Age
- 27
- Relation
- D/o
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- George Emmanual Podipara
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- K. R. Muraleedharan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Ad interim injunction is granted, the defendants and men under them from temporarily restrained from further excavating soil from plaint schedule item No.3 property thereby causing damage to the lateral support of plaint schedule item No.1 property.
Evidence:
I am satisfied that a prima facie case has been made out and if notice issued delay will occurred and the same would defeat the very purpose of the above application. Hence ad interim injunction is granted, the defendants and men under them from temporarily restrained from further excavating soil from plaint schedule item No.3 property there by causing damage to the lateral support of plaint schedule item.1 property.
Documents & Evidence
Case Classification
Case Type
Injunction
Category
Other Civil Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Common Reasons
Case Code
OS
Case Code Year
2025