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O.S No. 504/2025

Case between Roy J Vayalatty vs Thomas J Vayalattu et al regarding interim prohibitory injunction

Court
IN THE COURT OF THE MUNSIFF, ERNAKULAM
Judge
Sri. Nanda Krishna M.
Order Date
2025-07-19
Duration
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

The petitioner, Roy J Vayalatty, seeks an interim prohibitory injunction against his brother Thomas J Vayalattu and others regarding a property dispute. The property in question relates to a joint venture agreement between the parties concerning their properties.

Judgment Outcome

Plaintiff Won
Interim Order
The court allowed the petition in part, restraining the third respondent from taking possession of the petitioner's property while allowing the demarcation procedures to continue.
Judgment Favored
Plaintiff
Relief Granted
Interim prohibitory injunction restraining respondents from taking possession of the property
Case Type
Civil Suit
Final Judgment
No
The court allowed the petition in part, restraining the third respondent from taking possession of the petitioner's property while allowing the demarcation procedures to continue.
Why Plaintiff Won:
The petitioner is likely to suffer irreparable loss if the property is taken into possession without due process.
Losing Side's Weaknesses:
The petitioner is likely to suffer irreparable loss if the property is taken into possession without due process.
Supporting Evidence
It is also satisfied that the petitioner would suffer irreparable loss and hardship, if the property owned by him, which has not been mortgaged to the respondent No. 3 bank, is forcibly taken into possession.

Judgment Evidence:

Therefore, the point is found partly in favour of the petitioner. Respondents and their men are restrained from forcibly taking possession of the property having an extent of 6.5 cents situated in Pre-survey No. 135 /1 of block 13 of Maradu Village owned by the petitioner until the disposal of the suit.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Roy J Vayalatty
Party Age
55
Relation
S/o
Party Role
Defendant
Party Name
Thomas J Vayalattu
Party Age
54
Relation
S/o
Party Role
Defendant
Party Name
Elizabathu Thomas
Party Age
50
Relation
W/o
Party Role
Defendant
Party Name
M/s South Indian Bank Ltd
Relation
represented by
Plaintiffs Documents
Exhibits A1 to A8
Defendants Documents
Exhibits B1 and B2

Advocates

Party Role
Plaintiff
Advocate Name
P.P.Haris
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
K.M.Shyju
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Jesto Paul A
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Baiju Louis Mookken
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Kiran C Vinoy
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Yahya C.S
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Lazar T.A
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Sohail Ahammed Harris P.P
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Samreen Fathima Harris P.P
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
M.S.Unnikrishnan
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Aaditya Nair
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Ardra Krishnan M
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Diya Merin Biju
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Sohan Varghese Francis
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Anusree B
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Reshma K
Appearance Type
Main Counsel

Reliefs

Relief Type: Permanent Injunction
Outcome: Partly Granted
Description:
Petitioner sought temporary prohibitory injunction restraining respondents from taking possession of the property.
Evidence:
Respondents and their men are restrained from forcibly taking possession of the property having an extent of 6.5 cents situated in Pre-survey No. 135 /1 of block 13 of Maradu Village owned by the petitioner.

Documents & Evidence

Document Type: Title deed
Submitted By: Plaintiff
Relevance:
Original title deed of the plaintiff.
Reference:
Ext.A1
Document Type: Joint Venture Agreement
Submitted By: Plaintiff
Relevance:
Agreement based on which the commercial building was constructed.
Reference:
Ext.A7
Document Type: Letter confirming deposit of title deeds
Submitted By: Defendant
Relevance:
Confirmation regarding deposit of title deeds as security for additional amount.
Reference:
Ext.B1
Document Type: Sale deed
Submitted By: Defendant
Relevance:
Sale deed related to properties connected to the case.
Reference:
Ext.B2
Document Type: Commission Report
Submitted By: Court
Relevance:
Report filed by the Advocate Commissioner to assess the property.
Reference:
Ext.C1

Case Classification

Case Type
Civil Suit
Category
Property and Possession Disputes
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Recovery of money
Case Code
Case between Roy J Vayalatty vs Thomas J Vayalattu et al regarding interim prohibitory injunction
Case Code Year
Case between Roy J Vayalatty vs Thomas J Vayalattu et al regarding interim prohibitory injunction

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Case Closed
From
Tue, 07/01/2025 - 12:00
To
Thu, 07/31/2025 - 12:00
Outcome Confidence
75%

Involved Entities

Private Individual

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